WIST Quotations

Hand, Learned -- United States v. Coplon, 185 F.2d 629 (2d Cir. 1950) [majority opinion]

Dave — Fri, 25 Oct 2024 21:13:22 +0000

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]
(Source)

Black, Hugo -- Chambers v. Florida, 309 U.S. 227, 241 (1940) [majority opinion]

Dave — Thu, 29 Sep 2022 20:17:40 +0000

Today, as in ages past, we are not without tragic proof that the exalted power of some governments to punish manufactured crime dictatorially is the handmaid of tyranny. Under our constitutional system, courts stand against any winds that blow as havens of refuge for those who might otherwise suffer because they are helpless, weak, outnumbered, or because they are non-conforming victims of prejudice and public excitement. Due process of law, preserved for all by our Constitution, commands that no such practice as that disclosed by this record shall send any accused to his death. No higher duty, no more solemn responsibility, rests upon this Court, than that of translating into living law and maintaining this constitutional shield deliberately planned and inscribed for the benefit of every human being subject to our Constitution — of whatever race, creed or persuasion.

Hugo Black (1886-1971) American politician and jurist, US Supreme Court Justice (1937-71)
Chambers v. Florida, 309 U.S. 227, 241 (1940) [majority opinion]
(Source)

Finding coerced confessions that led to the death penalty conviction of four Black men in Florida were a violation of the Due Process clause of the 14th Amendment.

Cicero, Marcus Tullius -- De Officiis [On Duties; On Moral Duty; The Offices], Book 1, ch. 25 (1.25) / sec. 89 (44 BC) [tr. Miller (1913)]

Dave — Thu, 19 May 2022 17:12:21 +0000

We should take care also that the punishment shall not be out of proportion to the offence, and that some shall not be chastised for the same fault for which others are not even called to account.

[Cavendum est etiam, ne maior poena quam culpa sit, et ne isdem de causis alii plectantur, alii ne appellentur quidem.]

Marcus Tullius Cicero (106-43 BC) Roman orator, statesman, philosopher
De Officiis [On Duties; On Moral Duty; The Offices], Book 1, ch. 25 (1.25) / sec. 89 (44 BC) [tr. Miller (1913)]
(Source)

(Source (Latin)). Alternate translations:

Diligent care should be taken, in the next place, that the penalty be proportioned to the nature of the crime; and that some do not pass without ever being questioned, while others are punished for the same misdemeanours.
[tr. Cockman (1699)]

Great care too must be taken, that the punishment be not greater than the offence; and that some should not be punished for the same offences, for which others are not called to account.
[tr. McCartney (1798)]

We ought, likewise, to take care that the punishment be proportioned to the offence, and that some be not punished for doing things for which others are not so much as called to account.
[tr. Edmonds (1865)]

Care also must be taken lest the punishment be greater than the fault, and lest for the same cause some be made penally responsible, and others not even called to account.
[tr. Peabody (1883)]

Again, we should never impose a penalty disproportioned to the offence or for the same crime punish one and let another go unchallenged.
[tr. Gardiner (1899)]

We must take care that the punishment is not in excess of the crime, and that it is not inflicted on some only while others equally guilty are not even brought to trial.
[ed. Harbottle (1906)]

One should also be careful that the punishment does not surpass the crime and that some people receive beatings while others do not even receive a reprimand.
[tr. Edinger (1974)]

~Other -- Magna Carta, Clause 39 (1215)

Dave — Fri, 21 Apr 2017 22:11:51 +0000

No free man shall be taken or imprisoned or dispossessed, or outlawed or exiled, or in any way destroyed, nor will we go upon him, no will we send against him except by the lawful judgement of his peers or by the law of the land.

(Other Authors and Sources)
Magna Carta, Clause 39 (1215)

Marshall, Thurgood -- Strickland v. Washington, 466 U.S. 668 (1984) [Dissenting]

Dave — Thu, 22 Oct 2015 13:26:05 +0000

Every defendant is entitled to a trial in which his interests are vigorously and conscientiously advocated by an able lawyer. A proceeding in which the defendant does not receive meaningful assistance in meeting the forces of the state does not, in my opinion, constitute due process.

Thurgood Marshall (1908-1993) American lawyer, US Supreme Court Justice (1967-1991)
Strickland v. Washington, 466 U.S. 668 (1984) [Dissenting]
(Source)

Mencken, H. L. -- “On Government,” Prejudices: Fourth Series (1924)

Dave — Thu, 12 Feb 2015 16:01:41 +0000

The Bill of Rights was designed trustfully to prohibit forever two of the favorite crimes of all known governments: the seizure of private property without adequate compensation and the invasion of the citizen’s liberty without justifiable cause and due process.

H. L. Mencken (1880-1956) American writer and journalist [Henry Lewis Mencken]
“On Government,” Prejudices: Fourth Series (1924)

Keillor, Garrison -- “Congress’s Shameful Retreat From American Values,” Chicago Tribune (4 Oct 2006)

Dave — Thu, 08 Jan 2015 13:50:45 +0000

If the government can round up someone and never be required to explain why, then it’s no longer the United States of America as you and I always understood it. Our enemies have succeeded beyond their wildest dreams. They have made us become like them.

Garrison Keillor (b. 1942) American entertainer, author
“Congress’s Shameful Retreat From American Values,” Chicago Tribune (4 Oct 2006)
(Source)

Black, Hugo -- Chambers v. Florida, 309 U.S. 227, 241 (1940) [majority opinion]

Dave — Wed, 08 Aug 2012 13:05:04 +0000

Under our constitutional system, courts stand against any winds that blow as havens of refuge for those who might otherwise suffer because they are helpless, weak, outnumbered, or because they are nonconforming victims of prejudice and public excitement. Due process of law, preserved for all by our Constitution, commands that no such practice as that disclosed by this record shall send any accused to his death. No higher duty, no more solemn responsibility, rests upon this Court than that of translating into living law and maintaining this constitutional shield deliberately planned and inscribed for the benefit of every human being subject to our Constitution — of whatever race, creed or persuasion.

Hugo Black (1886-1971) American politician and jurist, US Supreme Court Justice (1937-71)
Chambers v. Florida, 309 U.S. 227, 241 (1940) [majority opinion]
(Source)

Overturning a state murder conviction obtained through a coerced confession.