Admit the Evidence

I think that everyone is troubled by guilty individuals getting off on “technicalities”.   Specifically, by evidence or admissions of guilt that are disallowed because of the accused person’s rights being violated.

I believe that almost everyone is troubled by people who commit crimes are getting away with it.  Even people who advocate for everyone’s rights have to be troubled with that fact.  I think that only those who are purists regarding the rules being preeminent are not troubled by that fact.  At the same time, until we come up with a better solution to protecting the rights of the accused, disallowing evidence and admissions of guilt when that person’s rights have been violated is the only solution we have.

I have another idea.  When I mentioned it to an acquaintance, that acquaintance called my solution “ham handed”.  I agree.  In fact I agree whole-heartedly.  But here is the thing.

• It has the chance of working.
• If you do not like this solution, come up with an alternative.
• If you do not like this solution, use this as a template to start the conversation on a real solution.
• We know that we have to do something to fix the problem.  This is a step.

proposed solution

My solution is rather simple in its concept, complex in its execution, complex in its acceptance.

Here is what you do.  Any evidence obtained, regardless of how it was obtained, is admissible and the accused has the right to present any crimes or violations that occur in obtaining the evidence or confessions.

But here is the big twist.  Any person, law enforcement officer or not, that violates the civil rights of the accused has committed a crime.  A felony in fact.  And they are subject to prosecution, with resultant fines and incarceration.  In other words they can go to jail.

So the criminal no longer gets a “Get out of Jail Free” card and the violator gets a “Go Directly to Jail – Do Not Pass Go!” card.

Think about it.  The accused is still protected from illegal activity as those who violate their rights must suffer their consequence.  However, the accused will no longer be given a “free ride” because of “illegally obtained” evidence.

Most importantly to me is that the police will be held accountable for their actions.  Right now, if they violate a person’s rights generally nothing happens except the suspect walks away.  Nothing happens to the police person.  They should be help responsible.  Interestingly, it might actually reduce the number of rights violations when the police know that they will be held accountable.