The Daily Sandwich

"We have to learn the lesson that intellectual honesty is fundamental for everything we cherish." -Sir Karl Popper

Location: Boston, Massachusetts, United States


Wednesday, June 21, 2006

Criminologist says Scalia misstated his study

The Supreme Court decision that grants police a "no-knock" right when entering a house without a warrant doesn't seem to be going down well with law enforcement, although I've heard arguments on both sides. But the professor Scalia cited to state his opinion in the case says that it was used to make the exact opposite point.

"Scalia turned my research completely on its head. My point was that these reforms came about because the courts, specifically the Warren Court, forced the police to institute better procedures with judicial oversight. Scalia now wants to take that oversight away."

[Professor Sam] Walker says poltical leadership, internal procedures, media oversight and public pressure are all necessary to ensure civil liberties, but that judicial oversight is extremely important too, and that Scalia misused his scholarship to imply that Walker supports a diminishing role for the courts.