I mean, think about the protections we see in the Bill of Rights — probable cause, right to a jury, right to counsel, right to confront, due process, indictment requirement. These protections aren’t in place because people love criminals. They’re in place to generate information and, by doing so, to ensure that the prosecution is proper. In economic-speak, they raise the costs of prosecution, which helps ensure that people are less likely to prosecute on a whim.
Excellent point.
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