Illegal

“ If the means employed have no substantial relation to public objects which the government may legally accomplish, if they are arbitrary and unreasonable beyond the necessities of the case, the judiciary will disregard mere forms and interfere for the protection of rights injuriously affected by such illegal action. ”

“ It is easy indeed to suppose that born and habitual criminals do not generally commit political crimes and offences, nor offences connected with the press, nor against freedom of worship, nor in corruption of public functionaries, nor misuse of title or authority; nor calumny, making false attestations or false reports; nor adultery, incest, or abduction of minors; nor infanticide, abortion, or palming of children; nor betrayal of professional secrets; nor bankruptcy offences, nor damage to property, nor violation of domicile, nor illegal arrests, nor duels, nor defamation, nor abuse. ”

“ That all warrants, without oath or affirmation, to search suspected places, or to seize any person or property, are grievous and oppressive; and all general warrants to search suspected places, or to apprehend suspected persons, without naming or describing the place, or the person in special, are illegal, and ought not to be granted. ”

“ Bad men, like good men, are entitled to be tried and sentenced in accordance with law, and when it is shown to us that a person is serving an illegal sentence our obligation is to direct that proper steps be taken to correct the wrong done, without regard to the character of a particular defendant or to the possible effect on others who might also want to challenge the legality of their sentences as they have the right to do 'at any time' under Rule 35. If it has any relevance at all, the fact that there may be other prisoners in this country's jails serving illegal sentences would seem to me to make it all the more imperative that we grant appropriate relief in this case rather than search for some obviously dubious excuse to deny this petitioner's claim. ”

“ It cannot be gainsaid that such was within the competency of the Legislature; the mere statement of the purpose carries justification of the act. * * * If society cannot impose such taint of illegality upon the confederation of convicted criminals, who have no lawful occupation, under circumstances denoting * * * the pursuit of criminal objectives, it is helpless against one of the most menacing forms of evil activity. ”

“ This justice uncontrolled, and consequently without guarantee, constitutes for us the most dangerous and oppressive of illegalities. We cannot conceive justice as a judicial or moral possibility without free defense. ”

“ Under some circumstances a party who is illegally assessed may be held to have waived all right to a remedy by a course of conduct which renders it unjust and inequitable to others that he should be allowed to complain of the illegality. ”

“ Therefore, before deciding the applicability of the maxim to the case at hand, we must examine the particular transactions and circumstances involved together with the federal laws which are alleged to taint these transactions with illegality. ”

“ The genius, the nature, and the spirit of our state governments amount to a prohibition of such acts of legislation, and the general principles of law and reason forbid them. The legislature may enjoin, permit, forbid, and punish; they may declare new crimes, and establish rules of conduct for all its citizens in future cases; they may command what is right and prohibit what is wrong, but they cannot change innocence into guilt, or punish innocence as a crime, or violate the rights of an antecedent lawful private contract, or the right of private property. ”

“ Acts innocent in themselves—such, for instance, as buying goods in a foreign market and bringing them for use to this—may be made a legal crime by statute law, while other acts which are monstrous violations of natural human rights may be and are ignored by the code, and are perpetrated with impunity in the highest grades of civilized society. ”

“ Any person speaking in derogation of the Book, or interrupting its use, or causing a minister to use any other form, is for the first offence to forfeit ten pounds, for a second offence twenty pounds; on a third occasion he is to forfeit all his goods and chattels and suffer imprisonment for life. These penalties are to be enforced by judges of assize, proceeding in the manner customary on indictment for trespass.
What have we here? A purely penal statute, imposing the crushing penalties usual at the time. My purpose is to show the relation of the statute to the Book of Common Prayer. ”

“ I will state what laws I consider ex post facto laws, within the words and the intent of the prohibition. 1st. Every law that makes an action done before the passing of the law, and which was innocent when done, criminal; and punishes such action. 2d. Every law that aggravates a crime, makes it greater than it was, when committed. 3d. Every law that changes the punishment, and inflicts a greater punishment, than the law annexed to the crime, when committed. ”

“ The statute law, no doubt, prevents many persons from committing crime, but our method of administering it certainly does not lessen the criminal class, and it does not adequately protect society. Is it not time we tried, radically, a scientific, a disciplinary, a really humanitarian method? ”

“ Under a Legislation which should strictly and systematically embrace every possible crime against the outward Rights of the Citizens, and under an Administration from which actual crime could seldom or never conceal itself or escape the punishment threatened by the Law, every thought of crime, as something wholly vain and leading to nothing but certain punishment, would at once be stifled in its birth. ”

“ In the first place, a criminal statute that is so ambiguous in scope that an interpretation of it brings about totally unexpected results, thereby subjecting people to penalties and punishments for conduct which they could not know was criminal under existing law, raises serious questions of unconstitutional vagueness. ”

“ There is a crime which no code has defined—the crime, not of breaking one specific law of one's country, but of contriving, with a foreign pretender, how to overturn everything vital in a venerable and generous legislation. ”

“ The constitutional prohibition was intended to protect every man's rights against that kind of legislation which seeks either to inflict a penalty without a trial or to inflict a new penalty for an old matter. ”

“ Assuming for present purposes the constitutionality of a statute prohibiting non-violent activity that tends to provoke public alarm or disturbance, such a tendency, as a crucial element of a criminal offense, must be established by evidence disclosed in the record to sustain a conviction. ”

“ This section provides that whoever, under color of any law, statute, ordinance, regulation or custom, willfully subjects any inhabitant of any state to the deprivation of any rights, privileges or immunities secured or protected by the Constitution of the United States shall be fined or imprisoned. ”

“ It may not be denied that a state which has lawfully prohibited the enforcement of a particular character of transaction, and made the same criminal, has an interest in seeing that its laws are enforced and will be subjected to the gravest humiliation if it be compelled to give effect to acts done within its borders which are in violation of its valid police or criminal laws. ”

“ Be it further enacted, That if any person or persons shall write, publish, advise, entreat or persuade, privately or publicly, any class of persons, or any individual, to resist any of the laws of this State calculated to molest or disturb the good people and peaceable citizens of the State, such persons shall be subject to the penalties of the first section of this act; and if an attorney at law, he shall be stricken from the roll of attorneys and be prevented from practicing in any court in this State. ”

“ Our penal laws are enacted for the purpose of promoting the happiness and well-being of society at large, and any who violate them are termed criminals and outlawed as unfit units of society. The penalty provided for under these laws is imposed with the end in view of deterring the offender from again violating his obligation to the body politic and also of deterring others who might be like-minded. ”

“ Such persons who may have committed the crime of usurpation of authority and allied crimes as defined in Articles 177 to 179 of the Revised Penal Code;
4. Such persons as may have committed the crimes of kidnapping, robbery, carnapping, smuggling, gun-running, trafficking in prohibited drugs and hijacking;
5. Such persons who may be engaged in price manipulation to the prejudice of the public or who may have committed fraud to the prejudice of the public especially in the sale of essential prime commodities and supplies ”

“ When we speak of the repression of crime, we must first of all distinguish between that which is due to the general character of penal legislation, more or less severe, and that which is secured by the administration by the judges of the law as it is. ”

“ 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. ”

“ Second, if while you are searching the house you proceed without a warrant to search the other building or property you are not guilty of offense unless two things concur: First, you must have been without any reasonable cause to search the other buildings or property, and, second, you must have acted maliciously. Notice the language. It is worth your while. You are legislating for 110,000,000 people and you are putting this authority into the hands of irresponsible men, proceeding without bond, armed with big guns, and sent out among the people. ”

“ No conduct has such an absolute privilege as to justify all possible schemes of which it may be a part. The most innocent and constitutionally protected of acts or omissions may be made a step in a criminal plot, and if it is a step in a plot neither its innocence nor the Constitution is sufficient to prevent the punishment of the plot by law. ”

“ The rights of the people to be secured in their persons [,] their houses, their papers, and their other property, from all unreasonable searches and seizures, shall not be violated by warrants issued without probable cause, supported by oath or affirmation, or not particularly describing the places to be searched, or the persons or things to be seized. ”

“ Can it be supposed, that those who have the courage to violate the most sacred laws of humanity, and the most important of the code, will respect the less considerable and arbitrary injunctions, the violation of which is so easy, and of so little comparative importance? ”

“ One prohibition is, "that no person shall be deprived of his property, immunities, or privileges, put out of the protection of the law, or deprived of his life, liberty, or estate, but by judgment of his peers or the law of the land." ”

“ It has been asserted that every person in the United States, unwittingly, in 99 cases out of 100, violates every day some Federal State or local law or regulation; perhaps the honest judge himself in going from his home to the court room where he hands down every day his judgments of justice breaks some minor regulation, for which offense a policeman, if he were nearby and had studied his book of regulations carefully enough, could place the eminent judge under arrest. ”

“ To personate the owner of any share, stock, or annuity, &c., is felony, and renders the offender liable to penal servitude for life, or to a modified term of penal servitude or imprisonment. The false personation of voters at an election is a misdemeanour punishable with imprisonment and hard labour, for a term not exceeding two years. ”

“ These observations regard principally more heinous offences; but if the effect of the criminal code be found to be, that it operates more for the punishment than the prevention of crime, what would be the state of society, if the civil law was our great guide in transactions between man and man. ”

“ Within the domain of private law the division which calls for primary recognition is that between civil and criminal law. Civil law is that which is concerned with the enforcement of rights, while criminal law is concerned with the punishment of wrongs. We have examined and rejected the opinion that crimes are essentially offences against the state or the community at large, while civil wrongs are committed against private persons. ”

“ And only this word maliciously is in the statute material, as this term forcibly is in the statute of forcible entries, by which statute if a man enter peaceably, and put not his adversary out forcibly, it is no offence, but if he put him out forcibly, then by that statute it is an offence, and so shall he be punished by this term forcibly. ”

“ Thus, by the side of the regular courts of law which prescribe specific penalties for defined offences proved against a man by a regular form of trial, arbitrary governments resort to various extrajudicial forms of arrest, detention, and punishment, depending on their own will and pleasure. ”

“ We are dealing with a statutory prohibition and we are simply concerned to ascertain whether in the light of a plain public policy and of the proper administration of justice, conduct induced as stated should be deemed to be within that prohibition. We have no occasion to consider hypothetical cases of crimes so heinous or revolting that the applicable law would admit of no exceptions. ”

“ The answer in all such cases should be that the law attaches the proper penalties to its violation, and appoints the ministers by whom those penalties are to be enforced; and whenever they can act, whoever usurps their authority and attempts to punish supposed offenders in any other mode than that provided by the law, is himself a criminal. ”