Corrective action

“ It is nevertheless true, however unpleasant the thought may be, that at any moment we may find ourselves in the centre of a whirlpool of events where individual action on our part will be necessary unless we are willing to allow some vicious and cruel violation of the law to go unpunished. ”

“ An action for criminal conversation being brought by a peer against a prince of the blood, you were daring enough to tell the jury that, in fixing the damages, they were to pay no regard to the quality or fortune of the parties;—that it was a trial between A. and B.—that they were to consider the offence in a moral light only, and give no greater damages to a peer of the realm, than to the meanest mechanic. I shall not attempt to refute a doctrine, which, if it was meant for law, carries falsehood and absurdity upon the face of it ”

“ In all that my son has written on the subject of capital punishment—and for writing and publishing which he is now before you on trial—in all that he has written, he has merely proclaimed the sentiments with which, from his infancy, I have inspired him. Gentlemen jurors, the right to criticize a law, and to criticize it severely—especially a penal law—is placed beside the duty of amelioration, like a torch beside the work under the artisan's hand. ”

“ If the criminal action is determined so is that of the judge, and so no harm is done. We shall go on praising or blaming, punishing or rewarding, doing or not doing, exactly as before, simply because we cannot do otherwise. This, however, while effective as a mere retort, is not very satisfactory as an answer. ”

“ It may be that to uphold just claims or resist wrong-doing may be less comfortable than to give way. In such a case the duty becomes an altruistic one, however egoistic the action based on the consideration of such duty may appear. But in a number of cases the claim upheld may be well worth upholding in itself, the wrong resisted may involve gross injury. ”

“ But let such personal results of effort be ever with you the second thing and not the first. In the practice of the law let the securing of justice and the setting right of wrong be the object on which your heart is set;—not the mere pocketing of your fee. ”

“ But that iniquity, which, if it should be committed, I promise to prosecute severely, with however much trouble and danger to myself, and whatever enmities I may bring on myself by so doing, you, O Marcus Glabrio, can guard against ever taking place by your wisdom, and authority, and diligence. Do you undertake the cause of the tribunals. Do you undertake the cause of impartiality, of integrity, of good faith and religion. ”

“ If retribution alone could serve as a justification for any particular penalty, then all penalties selected by the legislature would by definition be acceptable means for designating society's moral approbation of a particular act. ”

“ When the code of laws is once fixed, it should be observed in the literal sense, and nothing more is left to the judge, than to determine, whether an action be, or be not conformable to the written law. ”

“ It issues to remedy a wrong, not to promote one; to compel the performance of a duty which ought to be performed, not to direct an act which will work a public or private mischief or will be within the strict letter of the law but in disregard of its spirit. ”

“ If the prosecuting authorities and the courts do their duty unflinchingly, without regard to the social position of the offender, a statute may bring the practice of ordinary men up to the level of that collective conscience of the nation which it embodies. ”

“ In the corrupted currents of this world Offence’s gilded hand may shove by justice, And oft ’tis seen the wicked prize itself Buys out the law. But ’tis not so above; There is no shuffling, there the action lies In his true nature, and we ourselves compell’d Even to the teeth and forehead of our faults, To give in evidence. ”

“ There is, doubtless, another class of faults—those of willful carelessness or neglect—which must be specially pointed out to the attention of the delinquents, and a degree of discredit attached to the commission of them, and perhaps, in special cases, some kind of punishment imposed, as the most proper corrective of the evil. ”

“ Oh, be very sure that no such mistaken judgment based on any local or religious or moral theory of conduct or bias, because of presumed irrefutable evidence, is permitted to prejudice you, so that without meaning to, and with the best and highest-minded intentions, you yourselves see a crime, or the intention to commit a crime, when no such crime or any such intention ever truly or legally existed or lodged in the mind or acts of this defendant. ”

“ Those rules, it is well known, exclude much information which would be quite sufficient to determine the conduct of any reasonable man, in the most important transactions of private life. These rules, at every assizes, save scores of culprits whom judges, jury, and spectators, firmly believe to be guilty. ”

“ By so much the more the proof of offences is facilitated, by so much the less will the number of them be; and the less frequent the sad spectacle of executions is, so much the less will the innocent suffer. Dispatch in civil causes, is also a matter of great importance, and should be added to the catalogue of these utilities. ”

“ To censure guilt, my lords, is undoubtedly necessary, and to inquire into the conduct of men in power, incontestably just; but by the laws both of heaven and earth, the means as well as the end are prescribed, rectum recte, legitimum legitime faciendum; we must not only propose a good end in our conduct, but must attain it by that method which equity directs, and the law prescribes. ”

“ The law of master and servant in its relation to the law of negligence affords perhaps the most striking example in the last half-century of gross injustice done by this disposition to restrict responsibility and suppress litigation. ”

“ The right inherent in society, to ward off crimes against itself by antecedent precautions, suggests the obvious limitations to the maxim, that purely self-regarding misconduct cannot properly be meddled with in the way of prevention or punishment. ”

“ But the juryman who, above all, judges as a man, and often recoils from responsibility, should fear the excess of lenity: the judge, on the contrary, accustomed to repression, and above all preoccupied with the interests of society, should rather defend himself against excess of rigor and severity.
4. Knowledge.—What is for most men but a luxury, becomes in such or such a profession a strict duty. The knowledge of the laws, for example, is, for the magistrate, as the knowledge of the human body for the physician, a strict obligation. ”

“ Thus, my lords, an inquiry appears, upon every supposition, useful and necessary; but I cannot comprehend how it can be prosecuted by any other method, than that of proposing an indemnity to those who shall make discoveries. Every wicked measure, my lords, must involve in guilt all who are engaged in it; and how easily it may be concealed from every other person, may be shown by an example of a crime, which no man will deny to have sometimes existed, and which, in the opinion of most, is not very uncommon in this age. ”

“ It has always been the praise of this house to pay an equal regard to justice and to mercy, and to follow, without partiality, the direction of reason, and the light of truth; and how consistently with this character, which it ought to be our highest ambition to maintain, we can ratify the present bill, your lordships are this day to consider. It is to be inquired, whether to suppose a man guilty, only because some guilt is suspected, be agreeable to justice; and whether it be rational before there is any proof of a crime, to point out the criminal. ”

“ If one has sufficient mind and understanding to know right from wrong regarding the particular act, and is able to comprehend and understand the consequences of such act, the law recognizes him as sane, and holds him responsible for such acts ”

“ That these evidences will never be found, and that, therefore, no legal punishment will ever be inflicted, we may reasonably collect from the injustice of the laboured charge which your lordships have now heard; a charge drawn up with all the assistance of senatorial and political knowledge, and displayed with all the power of eloquence, a collection of every occurrence for many years, of which any circumstance could be shown in an unfavourable light, and a recapitulation of all the measures which have miscarried by unforeseen events, or which the populace have been persuaded to dislike. ”

“ It is magnificent to array authorities, but somewhat humiliating to be detected in errors concerning them;-yet how can errors be avoided in such a case, when every day's experience warns us of the prodigious study necessary to the attainment of proficiency in our own law? ”

“ In place of cited wrongs—which, after all, are comparatively trivial matters, as being merely offences against another or in defiance of a local usage—substitute one really overwhelming crime for which the penalty is sharp and explicit. ”

“ We hear also that they bring certain persons by name before the tribunal of the people, persons who formerly stood at the head of affairs, that they set forth their incapacity, their indolence, and their evil will, and clearly show how from such causes such effects were bound to follow. ”

“ It is the office of the intellect to judge whether the deed was a voluntary one, whether the agent intended the mischief, and whether a penalty will be of any use. The impulse to punish is never preceded by any such calculations. ”

“ Let those that judge be permitted to determine according as they think to be right, unless any one can show that they have taken bribes, to the perversion of justice, or can allege any other accusation against them, whereby it may appear that they have passed an unjust sentence ”

“ A man may have to pay damages, may be sent to prison, at common law might be hanged, if at the time of his act he knew facts from which common experience showed that the consequences would follow, whether he individually could foresee them or not. But, when words are used exactly, a deed is not done with intent to produce a consequence unless that consequence is the aim of the deed. ”

“ 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. ”

“ Of course, if law had been supreme, the wrong-doer would have yielded at once, the false claimant would have Hd his diminished head at the first expression of the opinion of a competent counsel or an authorised judge; we know how often that is done in these days in quarrels great and small. ”

“ May he so manipulate the facts in his plea as to convince a jury of what he is himself not convinced? May he by use of the argumentum ad populum, by his eloquence and skill, win a case which he does not believe in at heart? In some ancient codes lawyers had to swear not to defend causes which they believed unjust. ”

“ We shall reflect that he already bears, or will bear, the whole penalty of his error; if he spoils his life by mismanagement, we shall not, for that reason, desire to spoil it still further: instead of wishing to punish him, we shall rather endeavour to alleviate his punishment, by showing him how he may avoid or cure the evils his conduct tends to bring upon him. ”

“ But the philosophical analysis of every wrong begins by determining what the defendant has actually chosen, that is to say, what his voluntary act or conduct has been, and what consequences he has actually contemplated as flowing from them, and then goes on to determine what dangers attended either the conduct under the known circumstances, or its contemplated consequence under the contemplated circumstances. ”

“ It even passed into a proverb that "the law was ended as a man was friended," and contemporary writers declaim against the mischief which men suffered "from the facility with which an accusation could be lodged against an innocent person." ”

“ Allow facts, injurious to the judge, to be published, even when true; allow comments, unfavourable to the judge, to be made upon his actions, you discredit the administration of justice. Discredit the administration of justice, to which the people are resorting every day for the greatest of all possible benefits, protection from injury! ”

“ We charge guilt on planned and intended conduct that involves moral as well as legal wrong. And we do not mean conduct that is a natural and human, even if illegal, cutting of corners, such as many of us might well have committed had we been in the defendants' positions. ”

“ The call was not inflammatory, but asked “all good citizens to lend their counsel and influence to the rectification of those abuses that had crept into the Government,” and it was signed by many of the best known men in the Nation. ”

“ To find practical definite methods by which you shall make it somebody’s duty to see that the great principles you declare are not violated, by which if an attempt be made to violate them the responsibility may be fixed upon the guilty individual—those, in my judgment, are the problems to which you should specifically and most earnestly address yourselves. ”

“ He spoke strongly against the danger of accepting circumstantial evidence as the conclusive proof of her guilt, discussed the divine nature of law, and the solemn responsibilities resting on those who assume its official duties, to see to it that injustice is done to none, urging the oft-repeated truism that it is better for a dozen guilty to escape than that one innocent should suffer. ”