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As the old joke about how I thought these were all technicalities, so they started to come after me.
There are no technicalities, there are constitutional rules, there are legal rules.
Yes, there are technicalities, but those technicalities are part of the fabric of our society. They were given us to by the founders of the constitution.
The popular press and TV shows have used the term technicality. You do not see the word technicalities in legal opinions.
The only way our system works is with a combination of all these technicalities.
What people call technicalities are actually legal rules that were not followed by either the law enforcement officers or the prosecutors and those are far from technicalities.
When that results in a not guilty, the people who are not happy with that said that he got off on a technicality. That technicality is the law!
And if the state or the federal government has not obeyed the rules and their case fails, that is not a technicality, that is how our system works and that is how the constitution demands it works!
What you really want is a zealous, prepared, honest prosecutor pushing as hard as he can or she can against an honest, competent, prepared, zealous defense counsel and only with that adversarial system do you have any hope that the case falls out in the right place.
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