Friday, April 24, 2009

Change we didn't want

Obama legal team wants defendants' rights limited

I'm not sure exactly why the Obama administration, with all the problems going on in our country today, is making an effort to have this rule overturned (the rule that police cannot question a defendant unless their lawyer is present). It's true that if the rule were overturned, the defendant would still have the right to not answer the questions until the lawyer showed up, but there is some nuance here that needs to be considered. For someone stable and of decent mental capacity, this should present no problems. For a child, someone scared out of their mind, or someone that is mentally handicapped, this could have disastrous results in terms of a false confession that is usable in court. "At the same time, the administration acknowledges that the decision "only occasionally prevents federal prosecutors from obtaining appropriate convictions."" So why risk it? Why risk an innocent person sitting in prison for the rest of their life because an interrogator was able to rattle them into confessing something they didn't do? Shouldn't we be erring on the side of caution here????

In the end, what I really can't understand, in a time when there are plenty of other problems to worry about, is why the Obama administration is making a move to peel back protections for some of the more vulnerable members of our society.

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