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2012 January 27
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"Why do we love this trial by jury? Because it prevents the hand of oppression from cutting you off ... This gives me comfort—that, as long as I have existence, my neighbors will protect me." |
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2012 January 26
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"If the prosecutor is obliged to choose his case, it follows that he can choose his defendants. Therein is the most dangerous power of the prosecutor: that he will pick people he thinks he should get, rather than cases that need to be prosecuted. With the law books filled with a great assortment of crimes, a prosecutor stands a fair chance of finding at least a technical violation of some act on the part of almost anyone. In such a case, it is not a question of discovering the commission of a crime and then looking for the man who has committed it, it is a question of picking the man and then searching the law books, or putting investigators to work, to pin some offense on him. It is in this realm -- in which the prosecutor picks some person whom he dislikes or desires to embarrass, or selects some group of unpopular persons and then looks for an offense, that the greatest danger of abuse of prosecuting power lies. It is here that law enforcement becomes personal, and the real crime becomes that of being unpopular with the predominant or governing group, being attached to the wrong political views, or being personally obnoxious to or in the way of the prosecutor himself." |
"Jurors have found, again and again, and at critical moments, according to what is their sense of the rational and just. If their sense of justice has gone one way, and the case another, they have found “against the evidence,” ... the English common law rests upon a bargain between the Law and the people: The jury box is where the people come into the court: The judge watches them and the people watch back. A jury is the place where the bargain is struck. The jury attends in judgment, not only upon the accused, but also upon the justice and the humanity of the Law." |
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2012 January 25
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"Indeed, the ABA [American Bar Association] is truly a creature of these post-modern times. Its governing members view the political sphere and judicial sphere as one in the same, and worship raw power as the ultimate and only currency in social transactions. The modern ABA thus has embraced an ideology that views the rule of law as a mere extension of politics, and in a self-fulfilling confirmation of that view, conflates law and politics with unashamedly liberal policy prescriptions." |
"When governments use the judiciary to recover “damage,” the courts intrude on the regulatory and revenue responsibilities of legislatures. And when lawsuits based on tenuous legal theories impose high costs on defendants, due process gives way to a form of extortion, with public officials serving as bagmen for private contingency fee lawyers." |
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2012 January 24
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"We also need to encourage Americans to become more fiscally responsible themselves. We can do this by redesigning our tax system into an expenditure tax with a single flat rate. ... We have to substantially reduce the size and scope of the federal government, fundamentally increase the role of the states in choosing their own practices, and bring decision-making closer to the people, not to unelected administrators. These steps are crucial to getting our nation on a path of fiscal, political and constitutional responsibility." |
"The limits of tyrants are prescribed by the endurance of those whom they oppress." |
"Any man more right than his neighbors constitutes a majority of one." |
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2012 January 23
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"No man suffers injustice without learning,
vaguely but surely, what justice is." |
"The quixotic desire to do good, be universally fair and make everybody happy is understandable [...] There is only one problem with this approach. We are a court." |
"Whatever disagreement there may be as to the scope of the phrase "due process of law" there can be no doubt that it embraces the fundamental conception of a fair trial, with opportunity to be heard." |
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