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Finally, the final paragraph of an otherwise balanced, well-written opinion is unnecessarily inflammatory. “The Supreme Court has taken a dangerous decision by allowing evidence obtained illegally to be used in a trial. For a democracy to flourish, no one can be above the law.” By providing exceptions to the exclusionary rule, the court is holding that evidence that fits into this exception is not illegal. The court says nothing of allowing illegal evidence to be presented at trial and instead rules on the existence of exceptions to the exclusionary rule. By writing that...

Author: By Josh Akman | Title: Procedural Exclusion | 2/6/2009 | See Source »

...sentiment was echoed by Toys Association of India president Raj Kumar, who denied that his industry group lobbied the government to protect Indian toymakers facing competition from the cheaper and wider range of Chinese toys. "There is a public interest litigation filed by an NGO in the Mumbai High Court questioning the safety of Chinese toys," Kumar says. "The court is expected to rule that safety norms be implemented," he added, saying this prompted the government's move...

Author: /time Magazine | Title: India Launches a Toy Trade War With China | 2/6/2009 | See Source »

...court in France has convicted a German convert to radical Islam for his involvement in a 2002 suicide attack on a synagogue in Tunisia that killed 21 people. Christian Ganczarski was found guilty of complicity in the plot and sentenced to 18 years in prison. That was a shorter sentence than prosecutors had hoped for, but French justice officials say the case and its outcome is, nevertheless, a timely reminder to Washington that international cooperation to combat terrorism can succeed without recourse to phantom prisons, extra-legal trials, or morally questionable extraordinary renditions. President Barack Obama has said that...

Author: /time Magazine | Title: French Terror Conviction: Lesson for U.S.? | 2/6/2009 | See Source »

...several visits to camps run by Afghan and Pakistani militant groups in the late 1990s - and was even filmed with al-Qaeda leader Osama bin Laden during one visit in January, 2000. But despite denying any involvement in the Tunisian attack - "an act I cannot support", he said - the court found Ganczarski guilty of complicity in the plot. Ganczarski is appealing the ruling. (See pictures of al-Qaeda...

Author: /time Magazine | Title: French Terror Conviction: Lesson for U.S.? | 2/6/2009 | See Source »

...structures and security forces that had become involved, building a convictable case with far-ranging evidence required both a lot of work, and faith in the system, Trévidic says. "Eighteen years wasn't the 30 we sought, but it's still a reflection of how serious the court took the claims of complicity established in the case," Trévidic notes. "And who knows - he could get the full 30 in the appeal...

Author: /time Magazine | Title: French Terror Conviction: Lesson for U.S.? | 2/6/2009 | See Source »

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