The tale of two defense strategies...

Apr 24, 2007 16:07

SIDEBAR; Locking Up the Crucial Evidence and Crippling the Defense

I think this law absolutely violates the constitution. I think the Judge was brilliant in his legal decision. Pedophiles are reprehensible, but they have to be found guilty of it first and until then are presumed and ARE innocent.

One of the defense strategies was very key in the ( Read more... )

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Comments 2

rodneyorpheus April 25 2007, 06:58:53 UTC
Horrendous. Given the recent revelation that many (if not most) of the people arrested for Internet child porn in the past years were entirely innocent (even some whose dumb-ass lawyers insisted they plead guilty), this is terrifying stuff.

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selyndria April 25 2007, 17:43:29 UTC
This defendant successfully won a brilliant decision that kept due process. His primary defense of back door compromise and remote file download was proven false. When presented with the report, he plea bargained. I worked on the report.

Still, the law as written would preclude Jurors viewing the evidence the Government deemed harmful which negates due process. That's scary.

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