Not even that promised "day in court" is a guarantee that justice will be served.
As Judge Alex Kozinski of the Ninth Circuit Court of Appeals points out, there are an endless number of factors that can render an innocent man or woman a criminal and caged for life: unreliable eyewitnesses, fallible forensic evidence, flawed memories, coerced confessions, harsh interrogation tactics, uninformed jurors, prosecutorial misconduct, falsified evidence, and overly harsh sentences, to name just a few.
Still, it wasn't always this way. As Judge Jed S. Rakoff recounts, the Founding Fathers envisioned a criminal justice system in which the critical element "was the jury trial, which served not only as a truth-seeking mechanism and a means of achieving fairness, but also as a shield against tyranny."
That shield against tyranny has long since been shattered, leaving Americans vulnerable to the cruelties, vanities, errors, ambitions and greed of the government and its partners in crime.
Consequently, America no longer operates under a system of justice characterized by due process, an assumption of innocence, probable cause, and clear prohibitions on government overreach and police abuse. Instead, our courts of justice have been transformed into courts of order, advocating for the government's interests, rather than championing the rights of the citizenry, as enshrined in the Constitution.
Without courts willing to uphold the Constitution's provisions when government officials disregard them, and a citizenry knowledgeable enough to be outraged when those provisions are undermined, the Constitution provides little protection against the police state.
In other words, in this age of hollow justice, courts of order, and government-sanctioned tyranny, the Constitution is no safeguard against government wrongdoing such as SWAT team raids, domestic surveillance, police shootings of unarmed citizens, indefinite detentions, asset forfeitures, prosecutorial misconduct and the like.
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