By Fester:
If you told me that there would be two Supreme Court cases released this week that pitted an expanded trust of government officials' say so against marginalized individuals, I would bet that both cases would be for expanded governmental authority and reduced rights and autonomy for marginalized classes of individuals.
I am glad that I am wrong. The Supremes in the Redding case (the 13 year old strip searched at school for suspected possesion of NSAIDs) and Menendez-Diaz case ruled for the marginalized individual against the power and authority of the state and its agents to act without check. The Menendez-Diaz ruling requires crime lab analysts to actually defend their findings at a trial if the defense wants to question them. The assumption is that scientific evidence is not perfect, which is a reasonably description asRadley Balko has shown numerous times in just the field of bite mark analysis.
I'm surprised, but glad that there is a coalition on the courts who have some question of the decision to place the benefit of the doubt on marginal cases towards the player with far more power, the government, instead of on the party with minimal power. If there is a good case with solid evidence, these decisions will not impact the course of justice. However these decisions will provide a higher probability of justice being served when the case is weak.
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