All governments, democracies as well as autocracies, believe that those they seek to punish are guilty; the impediment of constitutional barriers are galling to all governments when they prevent the consummation of that just purpose. But those barriers were devised and are precious because they prevent that purpose and its pursuit from passing unchallenged by the accused, and unpurged by the alembic of public scrutiny and public criticism. A society which has come to wince at such exposure of the methods by which it seeks to impose its will upon its members, has already lost the feel of freedom and is on the path towards absolutism.
Learned Hand (1872-1961) American jurist
United States v. Coplon, 185 F.2d 629 (2d Cir. 1950) [majority opinion]
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Quotations about:
defendant
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Despite what Hollywood would lead you to believe, we criminal defense attorneys do not advocate lenient sentences for all wrongdoers as a matter of policy. […] Our role is to stand beside our clients, no matter who they are or what they did, and be their advocates, the one person required to plead their case and argue their interests. This is the closest our society comes to grace or humility. It’s grace because we give this support to defendants whether they deserve it by any objective measure, and it’s humility because we know the system is so capable of grave error in accusing and punishing.
Ken White (b. c. 1969) American constitutional and criminal attorney, prosecutor, blogger
“Fault Lines” blog, Mimeslaw.com (8 Jun 2016)
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