perception wrote:But I ask you to think of the great deterrent effect of taking a lot of criminals off the street because they are being discovered as a result of the Patriot Act. I think many people are missing a valid point here-----if you are obeying the law you have nothing to fear from the Patriot Act. If you are a terrorist OR a crook then you deserve to be caught. Where is the logic in giving crooks some sort a advantage?
This isn't a case of giving criminals an advantage (by the way, all accused have several "advantages": the presumption of innocence, the requirement of proof beyond a reasonable doubt, the right to counsel, etc. - these advantages go against the
HUGE disadvantage that all defendants have, which is being arrested. Many, many people think that arrested = guilty) and it isn't a case of people running around free if there were no Patriot Act. There are laws against the actions of "drug traffickers, white-collar criminals, blackmailers, child pornographers, money launderers". These laws aren't going away any time soon, if ever. But running roughshod over rights in one's zeal to prosecute the bad guys results in problems for everyone.
It doesn't matter that I'm pure as the driven snow - I just don't want the expanded law enforcement powers that go along with the Patriot Act. I don't want them being applied to me. And it doesn't matter if I'm innocent or guilty, by the way (a fact that might make some gasp). We here in the US protect
all defendants and everyone who is accused of committing a crime from the government and the police overstepping their bounds. This is why there is a right to counsel. This is why there are Miranda rights.
The police and prosecutors have rules they have to abide by. Those rules don't exist to keep people out of prison -
they exist to keep the wrong people out of prison. And they exist to assure that the police and prosecution get the bad guys through legitimate, well-reasoned means. Why put people behind bars just because you can? Shouldn't we be putting people behind bars who are guilty? These safeguards exist so that fewer innocent people go to jail, and so that when people do go to jail, the community can be satisfied that the proof is there and that they're really guilty of what they were charged of doing. Take away those safeguards, and community confidence in law enforcement is reduced.
Finally, if we toss people in jail because it's easier to do so, isn't it possible that some bad guys will go free because the poorer, the dumber, the unluckier defendant was caught. That's scary.