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View Diary: How Can You Defend Those People? How Can You Defend Someone You Know Is Guilty? (142 comments)

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  •  The state's right to deprive someone (9+ / 0-)

    of life, liberty, or property is conditioned on the state following a prescribed process. The state has no right to deprive someone of life, liberty, or property without first according them the process they are due. An assistant district attorney once told me that if I really believed my client was innocent, then he strongly encouraged me to put the DA through his paces, and make him prove the case. That's the burden the DA has, and the DA is not entitled to any presumptions, while the defendant is entitled to the presumption of innocence. My job was to force the DA to stick to the process that was due the client.

    Due process is what it is all about. Or at least that is what it should be about in this country. The principles of due process have been subverted recently. As they say, 9-11 changed everything.

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