Thursday, January 15, 2004

Someone even smarter than George Orwell offers us some further perspective on the Simkanin problem:

"Ye shall know them by their fruits. ... Even so every good tree bringeth forth good fruit; but a corrupt tree bringeth forth evil fruit. A good tree cannot bring forth evil fruit, neither can a corrupt tree bring forth good fruit. Every tree that bringeth not forth good fruit is hewn down and cast into the fire. Wherefore by their fruits ye shall know them." (Matthew 7:16-20)

Lest the application go astray, I ask you what sort of judicial tree it is which brings forth this kind of fruit:

- prevents an innocent defendant from presenting exculpatory evidence to a grand jury (after two prior grand juries had refused to indict when he did make such a presentation)
- declares a mistrial when the jury votes 11-1 to acquit, then orders a retrial on the same charges
- ignores his petitions (denies them without reading them)
- prevents him from presenting exculpatory evidence -- including the law itself -- to his petit jury
- lies to that jury to force them to convict him without ever having seen the law he allegedly violated and in spite of his entire (suppressed) defense being that he had not ever seen the allegedly-violated requirement in the law despite an extensive search for it?

The answer seems clear to me.

"By their fruits ye shall know them."


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