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Re:Video of Valley Mogul Kicking His Girlfriend 117 Times Co... by tempestn on Monday August 08, 2016 @05:26AM (#12246431)
While I agree that it's painful seeing evidence thrown out for procedural reasons, there is certainly logic behind it, as it provides a check on the power of the police. It may well be the lesser evil (as intended). Simply disciplining an officer who doesn't follow procedure may not be sufficient incentive to prevent people's rights from being ignored. That's especially true if officers cover for one another so it's not even possible to determine who is responsible. Unless the punishment is extremely harsh (which would unfairly penalize legitimate mistakes), it may often not be effective anyway, as many well-meaning officers could accept punishment in order to put (who they believe is) the bad guy away. The problem is, when you start going in that direction, innocent people's rights will be infringed as well. You already see cases all the time where innocent people go to jail due to police bending or breaking the rules. I have to think that allowing all factual evidence regardless of source would make that worse.

That said, it's obviously not a just result in an individual case like this. It would be nice to be able to have justice in these situations without losing the overall disincentive. I'm not sure that it's possible, but would love to be wrong.

Re:Video of Valley Mogul Kicking His Girlfriend 117 Times Co... by coldtea on Monday August 08, 2016 @05:38AM (#12246469)
>While I agree that it's painful seeing evidence thrown out for procedural reasons, there is certainly logic behind it, as it provides a check on the power of the police. It may well be the lesser evil (as intended). Simply disciplining an officer who doesn't follow procedure may not be sufficient incentive to prevent people's rights from being ignored.

Then escalate that punishment as needed, still without throwing out evidence? E.g. fire the officer outright, don't just "discipline" him, and impose a penalty to his whole department.

Re:Video of Valley Mogul Kicking His Girlfriend 117 Times Co... by adiabatty on Monday August 08, 2016 @11:16AM (#12248407)
Keep in mind the judiciary doesn’t directly control the police, including hiring/firing decisions; it can only really control what goes on inside of the courtroom. The exclusionary rule[1] is kind of weird, but nobody’s figured out a different, noticeably better way to protect against unlawful search and seizure that works in the States.

[1]: https://en.wikipedia.org/wiki/Mapp_v._Ohio

Re:Video of Valley Mogul Kicking His Girlfriend 117 Times Co... by 1123581321 on Monday August 08, 2016 @06:02AM (#12246538)
Evidence is processed correctly almost every time. This suggests that inadmissibility is already an effective penalty.
Re:Video of Valley Mogul Kicking His Girlfriend 117 Times Co... by coldtea on Monday August 08, 2016 @12:10PM (#12248843)
We weren't discussing whether inadmissibility is an effective penalty or not though.

What we where discussing was if inadmissibility is good for serving justice (as opposed to serving as a guard against illegally obtaining evidence, and if so, whether we can abolish inadmissibility and use other, equally capable guards against illegally obtaining evidence).

Re:Video of Valley Mogul Kicking His Girlfriend 117 Times Co... by posterboy on Monday August 08, 2016 @06:39AM (#12246680)
Read the whole comment before posting, please.
Re:Video of Valley Mogul Kicking His Girlfriend 117 Times Co... by coldtea on Monday August 08, 2016 @12:11PM (#12248856)
I've read the whole comment before posting.

If you think someone missed something from the comment he was responding, say what that was, instead of posting zero-content critiques please.

Re:Video of Valley Mogul Kicking His Girlfriend 117 Times Co... by posterboy on Monday August 08, 2016 @02:02PM (#12249665)
There's the latter two third of the grand parent comment that completely counters your comment.
Re:Video of Valley Mogul Kicking His Girlfriend 117 Times Co... by scotty79 on Monday August 08, 2016 @06:18AM (#12246595)
Is that the correct place for that check though? Other countries do this check outside of the court and do just fine without compromising the goals of the court that in other countries are establishing the truth, the legality and deciding on punishment.