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View Diary: The Supreme Court Continues to Weaken our Constitutional Rights (28 comments)

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  •  Ginsburg agrees with you, and I think yall (1+ / 0-)
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    Alec82

    have the better of the argument on this point.  A fine passage from the justice:

    The exclusionary rule, the Court suggests, is capable of only marginal deterrence when the misconduct at issue is merely careless, not intentional or reckless. The suggestion runs counter to a foundational premise of tort law—that liability for negligence, i.e., lack of due care, creates an incentive to act with greater care.
     Is the potential deterrence here worth the costs it imposes? In light of the paramount importance of accurate recordkeeping in law enforcement, I would answer yes.

    (I'm agnostic on this one since I'm not up at all on 4th amendment jurisprudence; any position I take would be woefully uneducated.  Why does that stop me on this topic but doesn't on virtually every other subject?  Good question)

    We are building a team that is continuously being built. - Sarah Palin

    by burrow owl on Sat Jan 17, 2009 at 02:00:06 PM PST

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