06-27-2019, 05:15 PM
I'm not sure I buy these "not my job" rulings. I was watching "making a Murderer" part 2 last night, and one federal judge wasn't too concerned that 16 year old Brendan Dassey's confession (which was the sole piece of evidence against this mentally slow kid, and obtained without a lawyer present) was fed to him or coerced.
His opinion was (fortunately) a minority one in a three judge appeals panel. Specifically, the dissenter said in his opinion he didn't think it was his job to search out what current research said about a confession obtained under these circumstances (like his fellow judge did, who wrote the majority opinion throwing the confession out).
To me, if things are unjust and a plaintiff can't get relief elsewhere, then it's your job, federal judiciary. That's how "separate but equal" was finally tossed out, and "one man (or woman) - one vote" became famous in an effort to end racial vote suppression.
All that is required for evil to flourish is for good men todo nothing say it's not their job.
His opinion was (fortunately) a minority one in a three judge appeals panel. Specifically, the dissenter said in his opinion he didn't think it was his job to search out what current research said about a confession obtained under these circumstances (like his fellow judge did, who wrote the majority opinion throwing the confession out).
To me, if things are unjust and a plaintiff can't get relief elsewhere, then it's your job, federal judiciary. That's how "separate but equal" was finally tossed out, and "one man (or woman) - one vote" became famous in an effort to end racial vote suppression.
All that is required for evil to flourish is for good men to