Justice system

“ And such a system of administering justice, would be no more false, absurd, or atrocious, than that system of working by majorities, which seeks to accomplish, by legislation, the same ends which, in the case supposed, would be accomplished by judicial decisions. ”

“ 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. ”

“ So, too, every man has, by nature, a right to judge of, and enforce, the rights, [104] and judge of, and redress the wrongs, of any and all other men. This right is included in his natural right to maintain justice between man and man, and to protect the injured party against the wrongdoer. ”

“ 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 obligation should, nevertheless, be pointed out.
3. Impartiality and integrity concern above all civil justice. The duty which more especially concerns criminal justice, is equity; namely, a moderate justice, intermediary between a dangerous lenity and an excessive severity. In truth, in most cases, at least in the graver cases, the judge has scarcely anything more to do than to apply the law. It is for the jury, a sort of free and irresponsible magistracy, to decide upon the culpability or innocence of the prisoners. It is for the jury to find a just medium between harshness and lenity. ”

“ The greater part of these common maxims have come into use from the practice of courts of justice, which have been naturally led to a more complete recognition and elaboration than was likely to suggest itself to others, of the rules necessary to enable them to fulfil their double function, of inflicting punishment when due, and of awarding to each person his right. ”

“ The law, my lords, is the measure of political, as conscience of moral right; and he that breaks no law, may indeed be criminal, but is not punishable. The law likewise prescribes the method of prosecuting guilt; and as we, by omitting any crime in our laws, disable ourselves from punishing it, however publick or flagrant, so by regulating the process in our courts of justice, we give security to that guilt, which by that process cannot be detected. ”

“ 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. ”

“ But it should be more desirous still-it has no interest deeper-that the great laws of evidence, by which property and reputation and life itself are maintained, be scrupulously respected. Not only justice, but justice judicially administered, and to be administered, is the standing interest of all commonwealths ”

“ The assumption of penal power on the part of the public judiciary, in conjunction with the possession of unlimited control over the person and life of the malefactor, led to the adoption of a principle which long continued to dominate penal justice. ”

“ With the common people, with whom these institutions have mainly to deal, justice should be dispensed with regard to appearances; there should be the formality of the superior courts, and somewhat of their show. ”

“ Our lawyers to-day are so far from believing that the balance of Justice should, in private law as well as in criminal law, weigh the injustice which has been done, and not only the pecuniary interest, that, in daring to speak about it, I must expect to hear it objected that in this precisely lies the difference between criminal law and the law pertaining to the rights of persons. ”

“ Compared with it, the complicated systems of law that are compounded of the law of nature, of constitutional grants, of innumerable and incessantly changing legislative enactments, and of countless and contradictory judicial decisions, with no uniform principle of reason or justice running through them, are among the blindest of all the mazes in which unsophisticated minds were ever bewildered and lost. ”

“ And, under its influence, how much of the clear atmosphere of humanity will stimulate our courts of justice, which are still too much isolated from the world and from human life, where, nevertheless, prisoners and witnesses come, and too often come again, living phantoms whom the judges know not, and only see confusedly through the thick mist of legal maxims, and articles of the code, and criminal procedure. ”

“ 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. ”

“ Within the community the law insists that all force shall be judicial if possible. This protection against extrajudicial force—this freedom from all constraint save that which operates through the courts of law and justice—is one of the chief privileges of the members of the body politic. ”

“ By your laws denouncing certain acts as criminal offences, laws which the good of society requires you to pass, and to adapt to our peculiar condition, you do construct and create a system of rules, to be administered by the judiciary. ”

“ As the due administration of justice is indispensably necessary for the prosperity and happiness of every state, I request you will establish regular courts, and be careful that impartial justice be administered. ”

“ But these communities of ours have it in their power to furnish to the world a far more illustrious example of human prescience, and benevolent care, by their prompt, exact, and well-considered administration of justice—including the cases both in the civil and the criminal courts. ”

“ Now and then an extraordinary case may turn up, but constitutional law, like other mortal contrivances, has to take some chances, and in the great majority of instances, no doubt, justice will be done. ”

“ 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. 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." ”

“ As to the Administration of Justice.-Is justice being administered impartially, without fear or favor? Do we maintain a free, honest and independent judiciary? Do we enable our poorest citizen to resort to the courts for the enforcement of his rights or the redress of his grievances? ”

“ 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. ”

“ But perhaps if there was less law there might be more justice than in some other courts; for if the civil law be a law of universal reason, judging of the rectitude, or obliquity of men’s actions, every man of common sense is endued with a portion of it, at least sufficient to make him distinguish right from wrong, or what the civilians call malum in se. ”

“ But in our democracy such enforcement presupposes a moral atmosphere and a reliance upon intelligence whereby the effective administration of justice can be achieved with due regard for those civilized standards in the use of the criminal law which are formulated in our Bill of Rights. ”

“ Mankind reaches out after the absolute right, makes its constitutions to establish justice, and provide for the common defence. We report the decisions of wise men, and of courts ; we keep the record of cases decided, to. help us judge more wisely in time to come. The nation would enact laws : it aims to get the justest men in the State, that they may incorporate their aggregate sense of right into a statute. We set twelve honest men to try an alleged offender; they are to apply their joint justice to the special case. The people wish law to be embodied justice, administered without-passion. ”

“ The complicated process of criminal justice is therefore divided into different parts, responsibility for which is separately vested in the various participants upon whom the criminal law relies for its vindication. ”

“ Under our form of government the machinery of criminal justice depends for its force and efficiency upon the enlightened moral sense of the individuals to whom the public by their constitution and laws have temporarily entrusted its operation. ”

“ A government without some power to decide disputes, to award justice, and to punish crime according to the laws of the state, would not be complete. To allow every man to be his own judge in cases of supposed injury, and to redress his own wrongs, would endanger the rights of others. Justice is best secured to the citizens by establishing courts for the redress of injuries and the punishment of crimes; and that no person may suffer unjustly, it is provided that every person charged with crime or any other wrong, is entitled to a fair and impartial trial. ”

“ To state such a case is to decide it. Public morals, public justice, and the well established principles of all judicial tribunals, alike forbid the interposition of courts of justice to lend their aid to purposes like this. ”

“ For more than six hundred years—that is, since Magna Carta, in 1215—there has been no clearer principle of English or American constitutional law, than that, in criminal cases, it is not only the right and duty of juries to judge what are the facts, what is the law, and what was the moral intent of the accused; but that it is also their right, and their primary and paramount duty, to judge of the justice of the law, and to hold all laws invalid, that are, in their opinion, unjust or oppressive, and all persons guiltless in violating, or resisting the execution of, such laws. ”

“ Among these he mentions a law which punishes a citizen for an innocent action; a law that destroys or impairs the lawful private contracts of citizens; a law that makes a man a judge in his own cause; and a law that takes the property from A. and gives it to B. 'It is against all reason and right,' says the learned justice, 'for a people to intrust a legislature with such powers ”

“ As we find little complaint of the administration of justice in all the records of disputes, reproaches, and recriminations which mark the records of those old manors, we must assume that the processes of law were carried on in harmony with the spirit of fairness prevailing in the home country. ”

“ In the nature of things, if justice is to be done, the People should be entitled to the same rights as the individual. If we [Pg 169] are to have respect for law, the law must be deserving of respect, and law which makes rather for the acquittal than for the conviction of the guilty is not of that sort. ”

“ In this connection, one of our country's distinguished jurists has pointed out: "The quality of a nation's civilization can be largely measured by the methods it uses in the enforcement of its criminal law." ”

“ 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. ”

“ In order to secure an accurate conception of the legal system, the early growth of which it is proposed to examine, it may be well to premise that the criminal law, which with a substantial uniformity of cardinal ideas now prevails in all civilized states, is well defined as "that branch of juridical law treating of those wrongs which the government notices as injurious to the public, and punishes by what is called a criminal proceeding, in its own name." ”

“ Unless we respect and bow in deference to the final decisions of the highest judicial tribunal in our country, we are driven at once to anarchy, to violence, to mob law, and there is no security left for our property, or our own civil rights. What protects your property but the law, and who expounds the law but the judicial tribunals; and if an appeal is to be taken from the decisions of the Supreme Court of the United States, in all cases where a person does not like the adjudication, to whom is that appeal to be taken! ”

“ Did they say that men might be deprived of the right of trial by jury? Did they say that men might be torn from their homes by midnight intruders?... If you would save your country and your liberties, begin at the hearth-stone; begin in your family circle; declare that their rights shall be held sacred; and having once proclaimed your own rights, claim for your own State that jurisdiction and that government which we, better than all others, can exercise for ourselves, for we best know our own interests. ”

“ Indisputably under our constitutional system the right to try offenses against the criminal laws, and, upon conviction, to impose the punishment provided by law, is judicial, and it is equally to be conceded that, in exerting the powers vested in them on such subject, courts inherently possess ample right to exercise reasonable, that is, judicial, discretion to enable them to wisely exert their authority. ”