U.S. Is Alone in Rejecting All Evidence if Police Err
http://www.nytimes.com/2008/07/19/us/19exclude.html?pagewanted=2&th&emc=th
Federal Report Finds Poor Conditions at Cook County Jail
http://www.chicagotribune.com/news/local/chi-cook-county-jail-web-jul18,0,3223109.story
They can call it Justice if they damn well please but it's revenge and a Scapegoat they are after. Someone they can blame for their miserable, ignorant, empty and pitiful existences...an opiate...maybe they'll feel happy for awhile. The poet Gwaltney wrote this about Charlie Birger, the famous gangster and outlaw who was the last person legally hanged in Illinois. Birger is something of a folk hero to this day. The newspapers lied about Birger's last words. He said "It's a beautiful day." (in defiance) but the newspapers printed "It's a beautiful world" (suggesting remorse).
Charlie Birger
I heard of Charlie Birger Way back when I was young,
My daddy told me all about the day that Charlie hung.
I've heard so many stories, Someof his ghastly deeds,
Another tells how Charlie Helped poor folks in their needs.
One said he was a kindly man who never told a lie,
But when somebody crossed him, That man was sure to die.
That Charlie had no Master You can tell from all the tales,
He fought the system all the way, And stayed out of their jails.
I've seen so many pictures, they're hanging on the walls,
The pictures tell the story of Birger's rise and fall.
And when they finally caught him He was sentenced to be hung,
But they hadn't broke his spirit the day the trap was sprung.
When the State had had its vengeance When Charlie's life was done,
It made one stop to wonder, Who had lost and who had won.
John L. Gwaltney
both very interesting articles. thanks for sharing. Anyone else have thoughts on the exclusionary rule???
Speaking of that, what about Miranda warnings? Still necessary or irrelevant?
Charlie Birger, the famous gangster and outlaw who was the last person legally hanged in Illinois. Birger is something of a folk hero to this day.
Yeah, I've read about him and he sounded like quite a character.
Miranda warnings are never given anymore. Police have been trained to do their questioning prior to "placing the defendant under arrest". Hence, Miranda's obligation is not invoked. Not yet arrested means no Miranda warnings needed.
The exclusionary tool has been the only effective device for deterring police from breaking the law in doing their work. The societal goal, that our rights not be infringed upon by the Government, far outweighs the slight cost we pay that some prosecutions are made more difficult.
Remember, the Government is not always your friend.
The USSC ruled in US v Patane that failure to give the Miranda warning does not necessarily exclude a suspect's voluntary statements from being used as evidence against him/her. There is also a previous case which stated they aren't completely necessary for "experienced" defendants, although I don't remember what the case name is.
That said, yes, officers still give them, just not always. Just Friday morning I translated for a police interview with a defendant and the Miranda rights were step #1.
Regarding Birger, look-up the book Bloody Williamson (Williamson is the southern Illinois county he lived in) for detailed account of his other folk escapades in the 20's-30's. The region aquired national acclaim/scorn for its lawlessness. The book is out of print, but libraries have it. It is a very interesting read...
After reading the poem about Mr. Bilger, it seems that the guy who writes those Bozo letters to the News-Gazette has a little Bilger in him. After all, the pen is mightier than the sword.