Uprooting the Creeping Belief That the Criminal Justice System is Infallible
by TChris
Yesterday, Last Night in Little Rock took issue with Justice Scalia's assertion in Hudson v. Michigan that the exclusionary rule isn't needed to deter police misconduct because "modern police forces are staffed with professionals." Complementing LNiLR's comment on the unprofessional and inexperienced members of the Las Vegas Police Department is David Feige's Boston Globe reminder that the New York Police Department spent nearly 12 years trying to locate evidence that led to the exoneration of Alan Newton. A professional police department might have considering looking in the evidence locker assigned to that case, where it was finally found. If this is "professional" conduct, what does an incompetent police department look like?
Like LNiLR, Feige is baffled by Scalia's vision of unerring law enforcement. Feige calls the Newton exoneration "a poignant rebuke" to Scalia's opinion in a different case, Kansas v. Marsh.
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