Sunday, November 30, 2008

Corley V. United States

At first glance this case to me seemed as though it had been decided with little regard for the protections of those accused. As I read on I could not help but notice all the nice little exceptions of “reasonableness” that are added to the six hour time period before which an accused must be presented to a magistrate and the voluntariness of the confession. I can see how under certain circumstances such as traveling far distances n order to reach a magistrate, as could be the case in rural Alaska, but the term “reasonable” to me seems too broad when it comes to the protection of personal liberty. I know that often times the public sees these protections (the six hour time limit) as loopholes that keep criminals on the street and allow them to avoid punishment, but when there is a well established rule and the extension in the allotted time before presenting the accused to a magistrate is used in order to elicit a confession, I can not help but be put off by the reasonable bending of these safeguards of liberty in order to obtain the confession. These protections not only help protect the innocent, but also help to professionalize and maintain the integrity of the Justice system by raising the standards of care and treatment of the accused in order combat the mistreatment or corruption of the system.

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