2 ms·

So why isnt every single FBI prosecuted Defendant getting off due to this abuse? That would teach them to play by the rules.

judge2020 3y ago
Typically evidence is only void if it's been obtained illegally. In this case, it sounds like they used the intelligence to get leads, and only prosecuted after getting hard evidence admissible in court.
- hnburnsy 3y ago
  Parallel construction I assume.
ROTMetro 3y ago
In the USA there is a statute of limitations to challenge wrongful convictions, unconstitutional sentences, etc. Imagine that. Yes the government agrees your were wrongly convicted but because you didn't get a challenge together in time they will keep you in prison anyways and deny you access to the courts. Also, when a certain standard practice is found unconstitutional or agent found to be breaking the rules, etc they do not automatically release everyone who was convicted using it. Each person must (within the time limit as stated above) file a legal motion in court in the correct manner and then win that motion. Things that hold up guys challenging are stuff like you can't file in the Court where you are held (say you are at the supermax in Colorado, guys think they file to the Colorado court) but at the Court that sentenced you. And no, they don't forward your case. And no, your time window to file the case doesn't start over once the Colorado circuit court takes 9 months to find 'lack of jurisdiction' on your first filing.
mrguyorama 3y ago
There is no incentive for Judges to play hardball with anyone in the judicial system. Meanwhile, if you are "soft on crime" you can expect to lose your job. There's also just a classic bias in that, if you have worked law long and hard enough to become a judge somewhere, you likely have a high opinion of the system and the status quo.

2 ms·

So why isnt every single FBI prosecuted Defendant getting off due to this abuse? That would teach them to play by the rules.

by hnburnsy 3y ago

judge2020 3y ago
Typically evidence is only void if it's been obtained illegally. In this case, it sounds like they used the intelligence to get leads, and only prosecuted after getting hard evidence admissible in court.
- hnburnsy 3y ago
  Parallel construction I assume.
ROTMetro 3y ago
In the USA there is a statute of limitations to challenge wrongful convictions, unconstitutional sentences, etc. Imagine that. Yes the government agrees your were wrongly convicted but because you didn't get a challenge together in time they will keep you in prison anyways and deny you access to the courts. Also, when a certain standard practice is found unconstitutional or agent found to be breaking the rules, etc they do not automatically release everyone who was convicted using it. Each person must (within the time limit as stated above) file a legal motion in court in the correct manner and then win that motion. Things that hold up guys challenging are stuff like you can't file in the Court where you are held (say you are at the supermax in Colorado, guys think they file to the Colorado court) but at the Court that sentenced you. And no, they don't forward your case. And no, your time window to file the case doesn't start over once the Colorado circuit court takes 9 months to find 'lack of jurisdiction' on your first filing.
mrguyorama 3y ago
There is no incentive for Judges to play hardball with anyone in the judicial system. Meanwhile, if you are "soft on crime" you can expect to lose your job. There's also just a classic bias in that, if you have worked law long and hard enough to become a judge somewhere, you likely have a high opinion of the system and the status quo.