Non-Viability of Acquittal by Procedural Fault
No degree of procedural error on the part of the state is sufficient
to justify acquittal of a suspect whose conviction is sure based upon
extant evidence not made doubtful by the procedural error.
No evidence can be excluded for reasons of procedural error, provided
the procedural error does not significantly affect the confidence
which can be safely vested in the evidence.
If in the course of the arrest and trial of an individual, plausible
accusations of procedural error are lodged, the trial of the
individual cannot continue until the party or parties responsible for
the alleged procedural error have been tried and, if applicable,
previous section "Inflexibility and Impartiality of Arrest and Prosecution"
next section "Non-viability of Trespasser Prosecution"
back to index for this chapter ("The Enforcement System")
back to top-level index
Send email to me at email@example.com
This is a preliminary draft. Pending changes are in The To-Do List