I think the argument is that lower courts are supposed to follow the rulings from higher courts, either due to precedent or just consistency. Lower courts can be hesitant to rule on novel cases, and seem to side with 'guilty until proven otherwise' instead of 'innocent until proven guilty' when these technicalities come along.
I feel like you are partially right about conservative judges. I do think they tend to be more 'tough on crime', especially at lower levels. But it also seems that at the higher courts they tend to apply the law as it was written. In this case, if it is applied as written, then the defendant would be dismissed or not guilty.
I don't know. Based on my recent experiences, the system is a sham.
I feel like you are partially right about conservative judges. I do think they tend to be more 'tough on crime', especially at lower levels. But it also seems that at the higher courts they tend to apply the law as it was written. In this case, if it is applied as written, then the defendant would be dismissed or not guilty.
I don't know. Based on my recent experiences, the system is a sham.