Criminal Procedure Quotes



This is the 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.


The United States is almost unique among nations in their respect. While there are Federal law enforcement officers, the number is very small. For example, the entire Federal Bureau of Investigation complement of agents is outnumbered by one of the three shifts of the New York City Police Department. The vast majority of the police officers in America are not even at the State level; it is at the local level.