The issue in the Supreme Court’s suppression of evidence in the David Bain trial is not whether there were words on the tape or not. It is that the court found that the law does not trust a jury to make a wise decision.
The logic of that distrust is to abolish juries. After all, they are a medieval hangover. Judgment by one’s peers is not just a legal fiction but an actual fiction. Juries are unrepresentative.