A significant misperception exists surrounding the criminal charge of drug trafficking in Oklahoma. The critical element that escalates a charge from simple possession to the much more severe offense of trafficking is not proof of sale, distribution, or transportation. It is purely the weight of the substance found in a person's possession.
At its core, the rule against hearsay is designed to ensure that evidence presented in court is reliable, credible, and can be tested for its truthfulness. Ultimately, the hearsay rule and its exceptions represent a careful balancing act. The goal is to filter out unreliable gossip and second-hand accounts while still allowing for the admission of evidence that, despite being hearsay, carries strong indicators of trustworthiness.
We have seen recently how having too low a bond allowed defendants with long violent criminal records to get back out on the street, only to commit more crimes and in some cases the death of innocent people. Judges have a difficult decision in balancing the constitutional rights of a defendant, who is innocent until proven guilty,
What chance does the average person have if someone as smart, experienced, and savvy as Ret. General Flynn can be leveraged into pleading guilty? The facts speak for themselves: 29% of all DNA exonerations involved a false confession. If you are outraged by the FBI techniques used on Ret. General Flynn, then be just as outraged these same techniques are used on a daily basis by almost every police force in this country. It is time for a change.
