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Silly Putty of the Law

Submitted by CJL, Sep 15, 2008 14:29

Would it not ameliorate this situation if acquitted defendants could recoup their defense costs from the government -- more or less an adaptation of the English rule in civil cases to the criminal law? One of the huge injustices of our "justice" system is that an innocent defendant can still be financially ruined by the costs of mounting an effective defense. The possibility of such ruin is a potent tool in the hands of unscrupulous prosecutors (cf. Guiliani, Spitzer) in obtaining plea bargains.

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Comment	By	Date
Harvey is, as usual, right on target. There are, in addition, other negative consequences of taking such hubristic license. One... [MORE]	Cortes DeRussy	Sep 17, 2008 09:39
As is always the result of a Silverglate writing, we are well reminded that our rights as citizens have always... [MORE]	ps	Sep 15, 2008 17:26
Would it not ameliorate this situation if acquitted defendants could recoup their defense costs from the government -- more or...	CJL	Sep 15, 2008 14:29
You make an excellent case and I hope a large chapter about the Conrad Black case will be included in... [MORE]	Patti N.	Sep 15, 2008 11:02
You left out one little fact Harvey, they were all crooks! [MORE]	Porterhouse	Sep 15, 2008 09:27

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