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Friday, January 16, 2009
Jonah Goldberg :: Townhall.com Columnist
Don't Punish Public for Blundering Constables
by Jonah Goldberg
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Now, I agree that cops should follow the law just like everyone else. I just don't understand how Reynolds and so many others get from there to the idea that punishing cops requires rewarding people like Herring. According to the exclusionary rule, a cop who breaks the rules to arrest a serial child rapist should be "punished" by having the rapist released back into the general public. (Or as Benjamin Cordozo put it in 1926 when he was a New York state judge, "The criminal is to go free because the constable has blundered.")

But the officer, while frustrated, isn't really punished. The people punished are the subsequent victims and their families.

Reynolds and others say police should be subject to the same laws as other citizens and public servants. I agree. But if a husband runs a red light to get his pregnant wife to the hospital, she's not turned away because he broke the law. Or, imagine if a health inspector had the wrong address on his paperwork and rummaged around the wrong restaurant, only to find a roach and vermin infestation the likes of which are rarely seen outside of an Indiana Jones movie. According to the logic of the exclusionary rule, the public should keep eating roach burgers and rat droppings because the eatery was illegitimately searched. That's cuckoo for cocoa puffs.

One answer -- really the only answer -- you hear about why we should treat criminals with more respect is that it's the only way to make government respect the rights of the innocent. I'm all for respecting the rights of the innocent, and I think police should be required to follow strict rules, have warrants and all the rest. But I don't see why cops who break the rules intentionally or unintentionally should be "punished" by having objectively guilty criminals let loose on society. I don't think zookeepers should abuse their animals, but nor do I think a zookeeper's abused polar bear should be set free in Midtown Manhattan. If Special Forces troops break the rules while capturing Osama bin Laden, I don't see why that should require letting bin Laden go and giving him a do-over.

If zookeepers, soldiers or cops break the rules, punish them -- criminally, civilly or administratively. But don't reward the scum of the earth with a get-out-of-jail-free card, particularly when that will result in truly innocent people being punished. Criminals didn't do anything right just because the cops did something wrong.

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About The Author
Jonah Goldberg is editor-at-large of National Review Online.
 
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So that we do not punish the innocent
Our entire law system is going out the door.
The purpose of every restriction on the government is so that we do not punish the innocent.

We as a society have agreed that it is worse to punish an innocent man than to let a guilty man go free.

This is well articulated by John Adams.

However, this ideal has been so twisted as to make it unrecognizable in almost every case today.

If a man or woman has broken a law and it is clear in this case he has--then he should be punished.

The police officers broke no law. They followed procedure and with the information in hand found illicit drugs and illegal firearm.

The idiocy is that this is not an innocent man by any measure. Decrying that he would not have been caught if it were not because of a clerical error is pure drivel.

That is like you finding your wife cheating on you by accident then giving her a mulligan because you came home early.

Silly--absolutely ridiculous.

Now, there are police officer's who may lie or distort this situation. These people are breaking the law and should be punished and the criminal set free.

But from what I see here--this man is guilty period. The police did not plant the drugs, or gun or make up a story regarding the person. These would be reasons to allow the innocent freedom.

I TOTALLY AGREE!!!
I have always thought it stupid to allow a criminal to walk away scot free because the police screwed up a search warrant and the judge dismissed the evidence. What should be done is to use the evidence and punish the police who broke the law too. Then the public is still protected and the police learn a valuable lesson.

Instead the police on the payroll of the criminals rush over and seize all the evidence (with the criminal's help) if it looks as if he will be arrested so none of the evidence can be used. And no one gets punished except the public.
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