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‘Justice Denied’

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This is in response to your editorial (March 12), “Justice Denied,” wherein the author vented his spleen over the U.S. Supreme Court ruling that upheld the murder conviction in Moran vs. Burbine. Well I say, hooray for the high court! (Perhaps after November, we in California can look forward to a few enlightened decisions from our Supreme Court).

Discretion should be exercised with the Miranda ruling against self-incrimination. It has for years been too strictly interpreted, often to the detriment of the criminal justice system, and the citizenry it purports to serve. The U.S. Supreme Court certainly had its priorities in order here, which is more than I can say for the writer of your editorial.

The primary purpose of the courts is to discover the truth, even if it means trampling on a few technicalities along the way. This is a concept that the liberal mentality is apparently unable to comprehend.

How would the interests of justice have been served by reversing the conviction against Brian K. Burbine? He brutally murdered a woman and confessed to it. Any police transgressions pale by comparison. By what muddled logic should we adopt the stance that it is therefore fair and reasonable to waste taxpayer money on a retrial?

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The prosecution still has the considerable burden of proving that the defendant is guilty beyond a reasonable doubt. In the Burbine case, that burden was lightened considerably by the defendant’s own confession, unquestionably one of the strongest pieces of evidence that can be offered to prove a suspect’s guilt.

To prevent the prosecution from using such evidence, as would most certainly have been the result had Miranda been strictly enforced, might well have allowed for the defendant’s acquittal. Such a result would be appalling to consider, but it has occurred many times in this state in recent years.

Again, I salute the U.S. Supreme Court for its courage, integrity and service to the true spirit of justice.

MARCIA GOODMAN

Long Beach

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