Posted on 11/02/2022 5:12:19 PM PDT by grundle
Not a lawyer, but, if this report is accurate this seems to me to be faulty thinking and a disservice to those convicted. If a person is convicted under a premise of the law and that premise is false and not what the law as written intended then to cite the cost in time, effort, and manpower seems to me to be the antithesis of justice under law in the first place.
In the US legal system, procedure trumps truth.
Loath - not ‘loathe’ - in this context.
Alito is WRONG.
Feigin responded that he was not concerned with overburdening the federal courts because, in his view, it is rare that a case would fall within the narrow parameters suggested by his position in Jones’ case. Feigin told Alito that Jones’ case constitutes “probably a category of one” in which “somebody is in prison for something that Congress never made a crime.”
As it should. Otherwise we will have everyone demanding procedural exemptions.
Has this guy been in jail since 2000 for felon in possession? Murderers serve less time.
Elicit, not illicit.
Too bad. Law is law.
The Constitution forbids Congress from passing an ex post facto law, essentially making a formerly legal act illegal, and then charging a person for the illegal act that was committed before the new law was passed.
However, SCOTUS can, at some point in the future, interpret a law that makes a previously illegal act legal, and thereby create an ex post facto legality?
-PJ
Because US legal system values procedure over truth and facts, it’s become one of the worst in the world. A true joke nothing to be proud of.
As the US becomes a police state as evidenced by Jan 6, it will be much easier to lock people up based on their political views.
And because it’s the leftists that can only rule by destroying their opposition, conservatives and constitutionalist will be the ones going to prison.
I practice mostly federal criminal defense, in the 8th Circuit, and it’s absolutely the toughest Circuit to have any success at all on a criminal appeal, even with a very good argument. We always joke that we are waiting for a holding that says “although the video clearly showed that the arresting officers planted the evidence leading to the Defendant’s conviction, we don’t find that the Defendant was unduly prejudiced. Conviction AFFIRMED.” 😂😂😂
“Law is law”
Then the law is an ass.
Also, an unjust law is no law at all.
These people that will clog everything are innocent of a crime.
Didn’t Criminal Justice Reform address this?
“I practice mostly federal criminal defense, in the 8th Circuit, and it’s absolutely the toughest Circuit to have any success at all on a criminal appeal, even with a very good argument. We always joke that we are waiting for a holding that says “although the video clearly showed that the arresting officers planted the evidence leading to the Defendant’s conviction, we don’t find that the Defendant was unduly prejudiced. Conviction AFFIRMED.”
If what this report states is true, and what you state is also true it appears that True Justice Under Law in our country is dead. It does not exist.
So, I must ask did True Justice ever actually exist in our country? I have a feeling that it never did.
That Politics and Corruption has always been involved in every Legal decision.
If true, this is a very sad statement for our country and a Black Mark on the ideal of A Shining Example of Freedom and Justice we supposedly are to the world.
The Founding Fathers stated that the Constitutional Republic they created for us would only succeed if governed by a Good and Moral People. Seems to me we are anything but.
Interesting. Maybe so…
I usually fall 100% with Alito, but that is an absolute. If a man is innocent, or a law he was convicted under is ruled unconstitutional or something, he MUST be released.
It’s depraved to keep him locked up because it could inconvenience the state.
He should know better.
That’s an excellent point.
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