When Cops and Prosecutors Become Civil Libertarians

by Will

Liberty Minute August 5 2014

As a federal prosecutor and legal scholar, Utah resident Paul Cassell distinguished himself as a critic of the Supreme Court?s Miranda ruling, and the ?exclusionary rule? it articulated. That ruling protected a suspect?s rights against self-incrimination by requiring the suppression of compelled or dishonestly obtained confessions.

Cassell insists that the famous Miranda Warning is harmful because it supposedly handcuffs police, resulting in what he calls ?lost confessions.? He also believes that innocent people have no reason to fear police interrogation. Cassell is so zealous to repeal the Miranda ruling that he pursued an unsuccessful appeal all the way to the Supreme Court.

He recently joined the defense team of Utah resident Shaun Cowley, who admits that he fatally shot Danielle Willard in November 2012. Cassell insists that evidence obtained through Cowley?s voluntary statements to investigators must be suppressed ? because when Cowley killed Willard he was a police officer, and therefore cannot be criminally prosecuted on the basis of evidence obtained through his department?s internal investigation. This is known as the ?Garrity? rule, and the privilege it extends applies only to police officers and other government employees.

It is fascinating to see how quickly prosecutors and police union officials become civil libertarians when a police officer is charged with a crime.  

Let us take back the liberty wherewith Christ has made us free. 

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