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Judges: The Exclusionary Rule must even cover the countless police errors resulting from an overgrown criminal justice system.

By Marks & Katz, LLC

Supreme Court spiral staircase. To my knowledge, when they were lawyers, no current Supreme Court justice prosecuted nor defended criminal cases in trial court, and none of them were police. Probably with few or no exceptions, the sitting justices' law clerks are chosen not for previous law clerking experience with trial prosecutors or defense lawyers, but primarily for having high law school grades, coming from law schools and colleges that have the toughest criteria for grades and LSAT/SAT scores, having law review experience, and having clerked for a federal appellate judge. Have any sitting justices ever visited a jail, beyond the public relations tours, but instead walked the empty hallways of a jail, feeling the often stifling and lonely smells and sensations of being there, and to talk to an individual inmate in the often tiny visiting rooms, where the prisoner thereafter emerges to be strip searched to assure the lawyer has not passed the inmate any drugs, weapons, candy, or any other contraband? Have any of them sat through a criminal trial? I hope so...continue to full post

Full post as published by Underdog on January 15, 2009 (boomark / email).