Inspired by a post at Kevin, M.D., about “never events,” things that should never happen in medicine. What things should never happen in law?
Think of this as a legal Rorschach test.
Innocent people should never be convicted.
Police, except when serving undercover, should never lie.
Public officials should never break the law.
Poor people should never be denied access to a lawyer.
Children below the age of 14 should never be treated as adults.
Mentally-challenged people should never be taken advantage of.
Judges should never find police witnesses credible by default.
Pretext stops should never be constitutional.
Government should never spend more on prisons than education.
Lawyers who cannot try a case should never represent criminal defendants.
Please let me know what other “never events” should be on the list.
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People should never be arrested for watching or recording police activity.
Property or money should never be forfeited without a finding of guilt.
The right to drive should never be infringed without proof of unsafe driving.
People should never serve a sentence based on conduct which was not proved beyond a reasonable doubt.
Demanding that one’s constitutional rights are observed should never be called arguing a technicality.
The government should never argue that torture is legal.