Defore, in which Judge Benjamin Cardozo, writing for the New York Court of Appeals, rejected the rule that "[t]he criminal is to go free because the constable has blundered." (56) Concerned that "[t]he pettiest peace officer would have it in his power, through overzeal
or indiscretion, to confer immunity upon an offender for crimes the most flagitious," (57) Judge Cardozo sided with the weight of state authority (thirty-one jurisdictions had rejected an exclusionary rule while fourteen had adopted it) and concluded that the legislature, not the judiciary, is the better forum for balancing "the social need that crime shall be repressed" against "the social need that law shall not be flouted by the insolence of office." (58)
for the welfare of his country has brought this trouble upon him', the editor declared, extrapolating immediately from the case to comment on the tactics of 'some West African journalists,' who have, of late, 'lent themselves to a habit of launching attacks devoid of decency, on individuals--Africans and Europeans'; in conclusion, 'these journalists will do well to bridle their sledge-hammer attacks in discussing matters of public interest'.