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Old 06-14-2005, 11:02 AM
Broken Glass Can Broken Glass Can is offline
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Join Date: Nov 2004
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Default Re: Supreme Court continues to raise the bar

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This suggestion of prosecutorial (mis-)conduct is not clear at all.

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You did not say that there was no evidence of prosecutorial mis-conduct. If it is not clear then the court made the correct "Conservative" decision to provide the defendant due process.

Celebrate the court that strictly interprets the constitution. Put aside petty partisanship - can you?

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Due process does not mean "perfection of process." The Rehnquist court has been good in defining what are reasonable imperfections and what are not. In this case, it appears that it is the liberals general dislike of the death penalty, rather than the due process concerns that led them to rule as they did. Note, that they did not throw out the case and order the release of the prisoner onto the streets of Texas.

It was results oriented decision making, inconsistent with the reasonable standards of imperfections in the due process of trials, that makes it a bad decision. And there was no prosecutorial misconduct, just innuendo.
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