tag:blogger.com,1999:blog-5397103.post786155488233559619..comments2024-01-02T18:05:23.666-06:00Comments on Streak's Blog: On empathy and conservatism and taxes and faithStreakhttp://www.blogger.com/profile/01443433745929880701noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-5397103.post-5466161022288522712011-04-05T18:28:24.873-05:002011-04-05T18:28:24.873-05:00No doubt, Steve. I completely understand why ther...No doubt, Steve. I completely understand why there are hesitations on suing prosecutors in this kind of case. But this case, as you note, appears to be at least one that should merit thought. <br /><br />I am on this trend of late, but I see in the Roberts court and in all conservatives in power today--a complete lack of compassion for anyone who lacks power. Not sure how to interpret that, except to conclude that these conservatives simply don't care about the powerless.Streakhttps://www.blogger.com/profile/01443433745929880701noreply@blogger.comtag:blogger.com,1999:blog-5397103.post-18394407036341661622011-04-05T08:56:49.401-05:002011-04-05T08:56:49.401-05:00I have some mixed feelings about this case. Clearl...I have some mixed feelings about this case. Clearly, there was misconduct. Because of that, he was allowed to go free. At issue is what kind of remedy should he have. Up until the mid 20th century, there was no remedy for a violation of a persons civil rights. Then came the exclusionary rule, where evidence obtained through unconstitutional means would be thrown out. This was supposed to be incentive to follow the rules. <br /><br />Generally speaking, the state enjoys a great deal of immunity in their actions. And for good reason. Otherwise, every defendant would sue the police, judge, and prosecutor. The question then becomes when do we allow a person to sue. I think the current case rises to that level, but jurisprudence probably supports the majority opinion. The legislature could easily step in and create a means for a wronged defendant to sue, but I haven't seen them do anything.steveshttps://www.blogger.com/profile/08862590608695420004noreply@blogger.com