Improving the Legal System

[manifold]

If you could do one thing that in your opinion would improve our legal system, what would that be?

 

[Immanuel]

Fire 88% of the lawyers? j/k

Immie

 

[chanel]

Make parents accountable for juvenile crime.

 

[PoliticalChic]

If you could do one thing that in your opinion would improve our legal system, what would that be?

I would change the exclusionary rule "which holds that evidence collected or analyzed in violation of the defendant's constitutional rights is sometimes inadmissible for a criminal prosecution in a court of law."

New evidentiary rules:

1. All evidence collected can and should be used in the search for innocence or guilt.

2. Any action by an investigator in acquiring said evidence which is judged to be unconstitutional should result in criminal or police department actions which could result in repriimand, fines, suspension, firing and/or prison for the actor.

3. All police should be required to have liability insurance for said actions, and should be liable in civil suits.

 

[manifold]

If you could do one thing that in your opinion would improve our legal system, what would that be?

I would change the exclusionary rule "which holds that evidence collected or analyzed in violation of the defendant's constitutional rights is sometimes inadmissible for a criminal prosecution in a court of law."

New evidentiary rules:

1. All evidence collected can and should be used in the search for innocence or guilt.

2. Any action by an investigator in acquiring said evidence which is judged to be unconstitutional should result in criminal or police department actions which could result in repriimand, fines, suspension, firing and/or prison for the actor.

3. All police should be required to have liability insurance for said actions, and should be liable in civil suits.

I have to disagree with you on this one. I think this would do far more harm than good. I agree that all evidence collected should be used to search for innocence, but I prefer to keep the safeguard in place that protects people from illegal search and seizure.

 

[manifold]

I would eliminate mandatory sentencing laws of any kind.

I prefer a system that acknowledges and accepts that every situation is different and judgement is subjective.

 

[JD_2B]

If you could do one thing that in your opinion would improve our legal system, what would that be?

Bring back grand jury indictments for all felony charges, in EVERY state and EVERY incident.

Oh and you said one.. but I have another, sorry-

Arm all citizens, therefore decreasing the need for police.

 

[PoliticalChic]

If you could do one thing that in your opinion would improve our legal system, what would that be?

I would change the exclusionary rule "which holds that evidence collected or analyzed in violation of the defendant's constitutional rights is sometimes inadmissible for a criminal prosecution in a court of law."

New evidentiary rules:

1. All evidence collected can and should be used in the search for innocence or guilt.

2. Any action by an investigator in acquiring said evidence which is judged to be unconstitutional should result in criminal or police department actions which could result in repriimand, fines, suspension, firing and/or prison for the actor.

3. All police should be required to have liability insurance for said actions, and should be liable in civil suits.

I have to disagree with you on this one. I think this would do far more harm than good. I agree that all evidence collected should be used to search for innocence, but I prefer to keep the safeguard in place that protects people from illegal search and seizure.

There are, of course, no such studies, but in your opinion- based on observations and human natlure, what effect would my protocol have on
a) the actions of career police officers
and
b) the belief in the legal sytem by the public

 

[PoliticalChic]

If you could do one thing that in your opinion would improve our legal system, what would that be?

Arm all citizens, therefore decreasing the need for police.

Hey, hey, hey-

Did you say "arm citizens"???

I live in the People's Democratic Republic of New York: you made

Senator Chuck Schumer spin like the dervish that he is!

BTW, welcome to the board.

 

[Care4all]

it breaks the Constitution PC.

That should end the discussion of that option right there, no?

Unless you think we can get the necessary votes to amend the constitution, taking away this protection from illegal search and seizure?


Care

 

[PoliticalChic]

it breaks the Constitution PC.

That should end the discussion of that option right there, no?

Unless you think we can get the necessary votes to amend the constitution, taking away this protection from illegal search and seizure?


Care

The question was what might improve the legal system.

If enough folks agreed that there should not be a legal way around evidence

for a guilty party, our Founding Fathers actually installed a way to change

the Constition.

That's why it is the Constution, not the dual-tablets.


"It was a powerful blast, throwing one officer in the station parking lot completely over his patrol car and sending shrapnel for over two city blocks. The bomb fortunately detonated a few minutes early so the destruction was less than it might have been. Still, nine were wounded, one -- Officer Robert Fogarty -- badly enough that he retired from the force on disability, and one, Sergeant Brian McDonnell, 45 year old married father of two, was killed.
...some evidence in the past that could have been used against the Weather Underground was ruled inadmissible ...
As he walked out of the courthouse, Ayers famously said:"Guilty as Hell, Free as a Bird."
American Thinker: Guilty as Hell, Free as a Bird (for now)

 

[goldcatt]

it breaks the Constitution PC.

That should end the discussion of that option right there, no?

Unless you think we can get the necessary votes to amend the constitution, taking away this protection from illegal search and seizure?


Care

If they somehow get enough votes to repeal the 4th Amendment, I'll be hopping the first flight to Somewhere Else. That's assuming I could get through the airport without a full cavity search and some idiot detaining me so he can stare at my chest.

 

[Care4all]

it breaks the Constitution PC.

That should end the discussion of that option right there, no?

Unless you think we can get the necessary votes to amend the constitution, taking away this protection from illegal search and seizure?


Care

The question was what might improve the legal system.

If enough folks agreed that there should not be a legal way around evidence

for a guilty party, our Founding Fathers actually installed a way to change

the Constition.

That's why it is the Constution, not the dual-tablets.


"It was a powerful blast, throwing one officer in the station parking lot completely over his patrol car and sending shrapnel for over two city blocks. The bomb fortunately detonated a few minutes early so the destruction was less than it might have been. Still, nine were wounded, one -- Officer Robert Fogarty -- badly enough that he retired from the force on disability, and one, Sergeant Brian McDonnell, 45 year old married father of two, was killed.
...some evidence in the past that could have been used against the Weather Underground was ruled inadmissible ...
As he walked out of the courthouse, Ayers famously said:"Guilty as Hell, Free as a Bird."
American Thinker: Guilty as Hell, Free as a Bird (for now)

you are not making sense....pc

If enough folks agreed that there should not be a legal way around evidence

for a guilty party,

BUT HOW DO YOU KNOW they are GUILTY parties if they hadn't gone to trial yet PC? Are you presuming guilt instead of presuming innocence before the trial and want that changed as well?

 

[Care4all]

it breaks the Constitution PC.

That should end the discussion of that option right there, no?

Unless you think we can get the necessary votes to amend the constitution, taking away this protection from illegal search and seizure?


Care

If they somehow get enough votes to repeal the 4th Amendment, I'll be hopping the first flight to Somewhere Else. That's assuming I could get through the airport without a full cavity search and some idiot detaining me so he can stare at my chest.

I'm right there with ya....!

 

[Immanuel]

it breaks the Constitution PC.

That should end the discussion of that option right there, no?

Unless you think we can get the necessary votes to amend the constitution, taking away this protection from illegal search and seizure?


Care

If they somehow get enough votes to repeal the 4th Amendment, I'll be hopping the first flight to Somewhere Else. That's assuming I could get through the airport without a full cavity search and some idiot detaining me so he can stare at my chest.

I'm right there with ya....!

Who says that they have to repeal the 4th Amendment? President Bush showed us that there are other ways to get around those "pesky" amendments.

Immie

 

[alan1]

I would eliminate mandatory sentencing laws of any kind.

I prefer a system that acknowledges and accepts that every situation is different and judgement is subjective.

But make sentences real.
No time off for "good behavior". You got 5 years, you serve 5 years.
Life means life, no parole.

 

[JD_2B]

I HAVE MORE!!! =)

Legalize marijuana (But dont make it a controlled substance, that would only cause it to be a felony rather than the misdemeanor it is now), and decriminalize technical on-paper only offenses like driving with a suspended license or without registration, failure to vaccinate, etc..

Oh and back to my original statement- allow free and easy open carry of lethal weapons such as knives and firearms- no permit needed.

I feel that if someone is not in jail, then they should be entitled to carry self defense mechanisms on their body, as long as they are in full view. Concealed carry is a different story, of course.

 

[lawbuff]

If you could do one thing that in your opinion would improve our legal system, what would that be?

Jurisdictions appropriating money to hire one Judge that handles nothing but arraignments and initial appearances, this will free the others for speedier trials, and open the docket to faster civil litigation because criminal trials take priority.

 

[lawbuff]

Bring back grand jury indictments for all felony charges, in EVERY state and EVERY incident.

How many states don't indict felonies by GJ unless waived? I have never seen one, I don't think. I know it''s not required by the federal constitution, but...

 

[The Rabbi]

it breaks the Constitution PC.

That should end the discussion of that option right there, no?

Unless you think we can get the necessary votes to amend the constitution, taking away this protection from illegal search and seizure?


Care

Actually the exclusionary rule itself is not part of the Constitution so no amendment would be needed. But I agree that it would bad policy to eliminate it.

To improve things:
1) English loser pays rule to limit tort suits.
2) No contingency fee arrangements
3) Redefine what is a felony. Currently by one estimate every American commits three felonies a day. That is an absurd situation.
4) Professional jury system. Or some limit. Currently jurors are people too stupid to get out of it. That has to end.
5) No judge shopping. A case gets assigned and thats it, unless there is some conflct or malfeasance.