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"It is quite another to set the criminal free because the constable has scrupulously adhered to governing law".
Long before Mapp, Judge Benjamin Cardozo said it allowed the criminal to go free "because the constable has blundered".
"It is one thing for the criminal 'to go free because the constable has blundered,' " Justice Alito went on, quoting Judge Benjamin N. Cardozo's famous formulation.
Or, in Judge Benjamin Cardozo's famous mocking formulation in a 1926 decision for New York's highest court rejecting the rule: "The criminal is to go free because the constable has blundered".
Any time there is a news story centered on the exclusionary rule, which bars the use of evidence seized improperly, you are still apt to see Benjamin Cardozo's crisp argument from 1926 against excluding the evidence: "The criminal is to go free because the constable has blundered".
Similar(55)
If the innocent don't go free, it's not simply because, as Rosen asserts, "the constable has blundered".
"I believe if there's any demoralisation of the force it's because the chief constable has been removed.
"I am glad that the chief constable has given the speedy and unequivocal response he has.
More police officers will be needed in Northern Ireland because of the high threat of further serious violence, the chief constable has said.
The gruff police constable has no sympathy.
New police constables in the Thames Valley will be paid £3,000 above the government-set minimum salary, the force's chief constable has indicated.
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Since I tried Ludwig back in 2017, I have been constantly using it in both editing and translation. Ever since, I suggest it to my translators at ProSciEditing.

Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com