Legal Truth Quotes
it is ironic that the witnesses swear to tell the entire truth but the prosecutors, attorneys, and judges are not so bound. Most in actuality often do not reveal aspects of the truth that might undermine their case or with judges, the personal view of judicial administration. Often judges do not tell defendants in criminal trials all their options about protesting the judges actions in the trial for example.
Prosecutors have a great deal of discretion and do not operate transparently and therefore are at risk for abuse. See {631696}.
Relying on precedent in judicial decisions has the potential problem of perpetuating errors of the past. However, not to do so, creates doubt and uncertainty vitiating one of the major functions of the higher courts---to set the rules for all. In this particular case, the other justices did not agree that there had been a previous error and so Rehnquist’s view was a minority dissent, almost all judges would agree with this principle.
Check is one of the co-founders of the Innocence Project which has exonerated dozens of convicted "criminals" most serving jail sentences, by proving with DNA evidence that the perpetrator could not have been the person who was convicted using DNA and other scientific methods. In the process, he and his associates have uncovered a great deal of defense attorney malpractice and prosecutorial misconducts and in many cases criminal acts committed by the prosecutors.
