Administration of justice

“ Hence it is, that in the administration of justice the element of trial and adjudication is in appearance far more predominant and important than that of force. Viewed externally and superficially, this function of the state looks like the elimination of force as a method of the settlement of controversies, and the substitution of peaceful arbitration. But it is not so. Force is the essence of the administration of justice, no less than of war ”

“ The core of the administration of justice from a political point of view—that is, the administration of criminal law—must, on the other hand, remain in its entirety in the care of the judiciary as it should under no circumstances be torn and split up among several other ministries. ”

“ Since ours is “a government of laws and not of men,” and since an orderly government can exist only through laws justly administered and impartially enforced, I declare it to be my duty as a good citizen to serve as a juror whenever summoned, and to use my influence in every proper way to the end that lawyers, judges and jurors so conduct the administration of justice as to entitle the law and the courts to popular approval and support. ”

“ The American people, if I understand them, insist that the authority of the courts shall be sustained, and are opposed to any change in the procedure by which the powers of a court may be weakened and the fearless and effective administration of justice be interfered with. ”

“ We find the bitterest attacks upon the administration of justice in those jurisdictions in which the people and the legislatures have themselves laid the foundation for the very abuses they subsequently criticise by taking away the power of the judge. ”

“ It was considered as securing an impartial administration of justice; and the confidence which such a provision would necessarily produce, was one of the means by which the permanency of the government would be established. ”

“ Sometimes, indeed, the general power conferred upon a subordinate officer carried with it authority to establish such tribunals; as, for example, the power conferred upon a military commander to establish a civil government, carried authority to establish tribunals with civil as well as criminal jurisdiction in the territory governed, for the administration of justice. ”

“ Nevertheless, when a choice must be made we apprehend that the State, as well as the courts, is more interested in the fair and proper administration of justice than in rigidly applying a fiction of the law designed to terminate litigation.' 68 So.2d at page 369. ”

“ This attribute of courts is essential to preserve their authority and to prevent the administration of justice from falling into disrepute. Such summary conviction and punishment accords due process of law. ”

“ Where there are no radical defects, a long exercise of Judicial Authority, in any particular mode, brings the feelings of the people in unison with it, and fixes habits to which they have been accustomed.
While we expect from our Judges and Magistrates and other civil officers that justice be administered with alacrity and impartiality, should we not be careful that ample justice be done to them. The administration of justice should indeed be without oppressive or unnecessary expences on the people ”

“ In short, there is nothing which should prevent us from facing up to the important questions presented and determining whether the convictions can stand either in light of the Constitution or under our power of supervision over the administration of justice in federal courts. ”

“ But the settlement of private controversies, the administration of law between man and man, the distribution of justice and right to the citizen in his private business and concern, comes to every man's door, and is essential to every man's prosperity and happiness. Hence I consider the judiciary of our country most important among the branches of government, and its purity anti independence of the most interesting consequence to every man. ”

“ In due measure and in 70fitting manner it was the right of every man to do for himself that which in modern times is done for him by the state. As royal justice grows in strength, however, the law begins to speak in another tone, and we see the establishment of the modern theory of the exclusive administration of justice by the tribunals of the state. ”

“ The opinion has also been expressed that it is essential in any changes that may be made to retain the occasional administration by judges of the high court of criminal jurisdiction, both in populous centres and in remote places. It promotes a belief in the importance and dignity of justice and the care to be given to all matters affecting a citizen’s life, liberty or character. ”

“ The constitution of the judiciary, experimental and imperfect as it was even in the infancy of our existing Government, is yet more inadequate to the administration of national justice at our present maturity. ”

“ When those that are entrusted with the administration of public justice, judges, juries, witnesses, prosecutors, counsel, do either acquit the guilty or condemn those that are not guilty, or in the least contribute to either; this defeats the end of government, which is to protect the good and punish the bad, Rom. ”

“ This is a proceeding under an Act which Congress conceived necessary for 'the security of the United States and to the existence of free American institutions * * *.' 64 Stat., at 989, 50 U.S.C.A. § 781 (15) . The untainted administration of justice is certainly one of the most cherished aspects of our institutions. Its observance is one of our proudest boasts. ”

“ Sometimes justices officiate during their whole lives, and are remembered with respect. But the consciousness of these methods of administration and the arbitrary nature of the attendant penalties, produce among the people ideas of judicial authority which will have their effects hereafter. The justice secures obedience . ”

“ I feel well assured that it will be better to trust the rights, privileges, and immunities of the citizen to tribunals thus established, and presided over by competent and impartial judges, bound by fixed rules of law and evidence, and where the right of trial by jury is guaranteed and secured, than to the caprice or judgment of an officer of the Bureau, who it is possible may be entirely ignorant of the principles that underlie the just administration of the law. ”

“ One cannot but be struck, in this slight enumeration, with the utter unfitness of the common tribunals of justice to take cognizance of such offences; and with the entire propriety of confiding the jurisdiction over them to a tribunal capable of understanding, and reforming, and scrutinizing the polity of the state, [166] and of sufficient dignity to maintain the independence and reputation of worthy public officers. ”

“ It must stand in need of no intermediate legislations; but must itself be empowered to employ the arm of the ordinary magistrate to execute its own resolutions. The majesty of the National authority must be manifested through the medium of the Courts of Justice. ”

“ Here we discover the great wisdom of the framers of the constitution. The highest and most enlightened tribunal in the nation is charged with the protection of the rights and liberties of the citizens against oppression from the officers of Government under the sanction of law; unawed by the power which the officer may possess, or the dignified station he may fill, complete justice may be expected at their hands. ”

“ When power becomes right, it is of little consequence, whether decisions rest upon corruption, or weakness, upon the accidents of chance, or upon deliberate wrong. In every well organized government, therefore, with reference to the security both of public rights and private rights, it is indispensable, that there should be a judicial department to ascertain, and decide rights, to punish crimes, to administer justice, and to protect the innocent from injury and usurpation. ”

“ Surely it may be assumed as a postulate, that a court of justice, in adjudicating upon the rights of the citizen or of the State, should do, and can have power to do, nothing which is irregular, or vain, or useless. ”

“ When the responsibilities of lawmaker, prosecutor, judge, jury and disciplinarian are thrust upon a judge he is obviously incapable of holding the scales of justice perfectly fair and true and reflecting impartially on the guilt or innocence of the accused. ”

“ Chief Justice Marshall, that "the judicial department has no will in any case. Judicial power, as contradistinguished from the power of the laws, has no existence. Courts are the mere instruments of the law, and can will nothing. ”

“ Thus we shall find that one great end of this compact, as appears in the preamble, is the establishment of justice, and for this purpose a Judicial department is erected, whose powers are declared "to extend to all cases in law and equity, arising under the constitution, the laws of the United States," &c. Justice, if the common law ideas of it are rejected, is susceptible of various constructions, but agreeably to the principles of that law, it affords redress for every injury, and provides a punishment for every crime that threatens to disturb the lawful operations of Government. ”

“ If such authority exists, then, in consequence of their establishment, to compel obedience to law, and to enforce justice, courts possess the right to inflict the very wrongs which they were created to prevent. ”

“ The Office of Public Prosecutor, without prejudice to functions entrusted to other bodies, has the task of promoting the operation of justice in the defence of the rule of law, of citizens' rights and of the public interest as safeguarded by the law, whether ex officio or at the request of interested parties, as well as that of protecting the independence of the courts and securing before them the satisfaction of social interest. ”

“ And the Congress may, by general laws, prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect thereof.
Section II. Privileges of Citizens, etc. 1. The citizens of each State shall be entitled to all privileges and immunities of citizens in the several States.
2. A person charged in any State with treason, felony, or other crime, who shall flee from justice and be found in another State, shall, on demand of the executive authority of the State from which he fled, be delivered up, to be removed to the State having jurisdiction of the crime. ”

“ Its use has been very much extended in modern times, and now it may be said to be an established remedy to oblige inferior courts and magistrates to do that justice which they are in duty, and by virtue of their office, bound to do. ”

“ Except insofar as penal remedies may be provided by Congress under the explicit authority to 'make all Laws which shall be necessary and proper for carrying into Execution' the other powers granted by Art. I, § 8, the bulk of authority to legislate on what may be compendiously described as criminal justice, which in other nations belongs to the central government, is under our system the responsibility of the individual States. ”