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Which Supreme Court Justice once wrote that the history of liberty has largely been the history of the observance of procedural guarantees?
Justice Felix Frankfurter wrote: "The history of liberty has largely been the history of the observance of procedural safeguards. And the effective administration of criminal justice hardly requires disregard of fair procedures imposed by law," in the opinion of the Court in McNabb v. US, 318 US 332 (1943).
Frankfurter was referring to the fact that the arresting officers in this criminal case failed to follow established procedures by failing to take the suspects before a judge for a preliminary hearing before interrogating them and obtaining confessions. The hearing is an important part of due process protection during which the judge or magistrate determines if there is probable cause to charge the person with a crime. Since none of the suspects had an opportunity to appear before a judge before questioning, the US Supreme Court applied the exclusionary rule developed in Weeks v. US, (1914) and held the defendants' confessions were inadmissible in court.
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