Actually, it is excluding evidence from the trial. That is the remedy that the Court has foisted upon us. If it was deemed illegal evidence, then it is actually kept away from the jury. A classic example is the ongoing trial in California…
Ed Bryant
The Public Record
In this body we are talking about following what the courts are already beginning to do as the pendulum swings back toward a fair balance in protecting not only, again, not only the criminals' rights, but the victims' rights.
Of course, that depends on the States. But I think you are looking, as opposed to the 10 to 15 years that are probably average today, you are looking at a much shorter period of time. If you could keep it under 5 years and work down from…
They are usually specific lawyer capital resources centers that are publicly funded that are the experts from the defense standpoint and are able to use the system of appeal that we have just talked about in an effort to get a new trial…
One of the things that we, a couple of things that we campaigned on heavily during our election process, were the line-item veto and the balanced budget amendment. And I used to say, after I had signed this Contract With America, one of…
Let me try to give a primer on this. As far as the exclusionary rule, that is a judicial court creation. It appears nowhere in the Constitution. We have heard that bantered about in our arguments, that it violated the Constitution, what…
Of course, there has been a number of prosecutors, people involved in the legal system, but I would suspect both Jack and Linda have seen demands from their constituents, as I did, that we ought to make some changes here in our judicial…
as the gentleman well knows, on the Committee on the Judiciary we are not doing away with the exclusionary rule completely. There are still certain protections out there. The law enforcement, although they do not do this anymore, they may…
Literally, ``habeas corpus'' means ``you have the body.'' It started out in the 1800s, as I remember reading, where people who were wrongfully convicted, or even perhaps kept in jail without a trial, used that as a mechanism to have a…
We are not talking about everybody that is convicted of a crime that has to do this, but you know I always talked about on the campaign trail that we had I believe about 300 people on death row in Tennessee. And I told everybody if they…
Generally under the law that we passed today, if it is a State appeal, a State conviction they are appealing from, they have 1 year in which to file their habeas corpus petition. If it is a Federal appeal in which they are applying for…
There are at least three avenues that people sentenced to the death penalty can travel. Of course, they have their natural State appeals. Then there is a habeas corpus procedure within the State, and then the Federal habeas corpus…
Well, I had mentioned in my first remarks that I had not had a chance to be home that much because of this hectic pace here. I have gone home every weekend though for short periods of time, and this Contract With America is great. People…
last weekend, Tennessee inaugurated as its 47th Governor a man who has been a friend and colleague to many in this House, Don Sundquist. It was a gratifying and meaningful occasion for me, because Don Sundquist has been a close friend and…
Mr. Chairman, I come before you today behalf of the people of my district to support a balanced budget amendment with three-fifths supermajority tax increase provisions because, Mr. Chairman, most every one of them is demanding relief…
in the debate over a balanced budget amendment, we are hearing from the opposition a worn-out and failed argument. They use it every time we try to bring spending under control. They are trying to prevent fiscal responsibility and change…





