Stacey F. Beckerman Quotes


I believe that even if a criminal defendant has committed a heinous wrong, they should still be treated with respect from everyone in the criminal justice system, including prosecutors


Citations

Stacey F. Beckerman Application for U. S. Magistrate 2016

Sourced by: Eigen's Political and Historical Quotations

Related Quotes

This interesting historical quotation illustrates the fact that in almost every American generation there are those who believe that society has gone too far in protecting the rights of criminal suspects at the expense of law and order in the general society. This is nothing new. This is a classic argument given by those who would deny a defendant the Constitutional protection against self-incrimination. The belief that an innocent man has nothing to fear from the police is refuted by the many cases of innocent men being convicted by evidence they have given in the belief that they were innocent, and served long jail sentences only to later be proved by DNA evidence that they could not possibly have been guilty. Since Nott’s day, society has not only found many cases where honest error was made by the police or prosecutors, but many where there was venal prosecutorial misconduct and defendants were jailed even though the authorities were aware of evidence of innocence and kept it secret. There have been a number of these cases where a defendant was on death row and about to be executed when it was found he was innocent. Probably there have been men wrongly executed. See {629444} for a probable example.


Many like Black were concerned that prosecutors had the power to decide who would be charged, with what crimes, what penalties to ask for, and even able to start or end investigations of private citizens and politicians. By overcharging they are able, if they choose, to intimidate many people into pleading guilty, even for crimes that the never committed, in order to avoid taking a chance and possible have a very long jail sentence. Thus they were the most powerful people in the legal system, and had more power and less accountability, checks and balances of any public figures except perhaps for Federal Judges.


This quotation is a great example of the difficulty of deciding some of the major Constitutional issues. Most reasonable people believe that Rehnquist certainly has a point. On the other hand, critics observe that this quotation essentially says that it is OK to convict an innocent person if it cost too much or be too much trouble to do so. Reasonable people would also agree that this objection has much merit also. So the judicial system is stuck with deciding when the cost or trouble is too much. There will never, can never, be a clear cut answer.


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  • Nationality: American
  • Profession: Judge & Prosecutor
Biography

HON. STACIE F. BECKERMAN United States Magistrate Judge, EDUCATION: Harvard Law School, JD cum laude, 1998 University of Iowa, BA Political Science, highest distinction, PRIOR EXPERIENCE: 2008-2015 Assistant United States Attorney, Criminal Division, District of Oregon 2011-2012 Adjunct Professor, Lewis and Clark Law School, 2006-2008 Assistant Attorney General, Appellate Division, Oregon Department of Justice, 1999-2006 Litigation Associate, Skadden, Arps, Slate, Meagher & Flom LLP, 1998-1999 Associate, Verner, Liipfert, Bernhard, McPherson & Hand, Chartered.