Legal sanction

“ Where a state organ or a staff member thereof abuses power, neglects duty or engages in malpractices for personal gain in the legal aid work, a sanction shall be imposed in accordance with the law on the directly responsible person in charge and other directly responsible persons. ”

“ There are many other obligations, indefinite or precise,6138 of which the sanction is not only moral, but, again, legal, all notable and lasting, an entire surrender of the person who suffers more or less profoundly at having accepted them, and whose compulsory resignation must be assured by the fear of punishment. "Care must be taken6139 to insure severe discipline everywhere: the professors themselves are to be subject in certain cases to the penalty of arrest ”

“ We now come to another important word—namely, does the Bible sanction? Sanction! By the term sanction we mean command, consequently the authority of positive, written, divine law, or whatever may be reasonably held as equivalent to such law. It follows, therefore, that toleration is not sanction. Sufferance is not sanction. Municipal legislation is not sanction. An historical statement of prevailing customs is not sanction. A faithful narrative of the life and example of eminent men is not sanction. The remission of penalty is not sanction. ”

“ A compact is an agreement or binding obligation. It may, by its terms, have a sanction or penalty for its breach, or it may not. If it contains no sanction, it may be broken with no other consequence than moral guilt: if it have a sanction, then the breach insures the designated or implied penalty. A league between independent nations, generally, has no sanction other than a moral one; or if it should contain a penalty, as there is no common superior, it cannot be enforced. A government, on the contrary, always has a sanction, express or implied ”

“ We start with a statutory provision that contains only one express sanction, viz., prosecution for making a false statement. No other sections of the Act expressly supplement that one sanction.
The aim of § 9 (h) is clear. ”

“ Whatever constitutional safeguards are required in a summary contempt proceeding, whether it be for criminal punishment, or for the imposition of coercive sanction, we must be ever mindful of the danger of permitting punishment by contempt to be imposed for conduct which is identical with an offense defined and made punishable by statute. ”

“ It is essential to the idea of a law, that it be attended with a sanction; or, in other words, a penalty or punishment for disobedience. If there be no penalty annexed to disobedience, the resolutions or commands which pretend to be laws will, in fact, amount to nothing more than advice or recommendation. This penalty, whatever it may be, can only be inflicted in two ways: by the agency of the Courts and Ministers of Justice, or by military force; by the coercion of the magistracy, or by the coercion of arms. The first kind can evidently apply only to men: ”

“ The instrument of coercion employed by any regulative system is called a sanction, and any rule of right supported by such means is said to be sanctioned. Thus physical force, in the various methods of its application, is the sanction 12applied by the state in the administration of justice. Censure, ridicule, contempt, are the sanctions by which society (as opposed to the state) enforces the rules of morality. War is the last and the most formidable of the sanctions which in the society of nations maintain the law of nations. ”

“ Government is erected for the purpose of carrying this maxim into execution, by passing laws for the benefit of a nation; and shall a violation of the purpose of its institution, by passing laws injurious to a nation, in creating or fostering the aristocracy of paper and patronage, be cleansed of its guiltiness, because individuals have become the accomplices of the government?
A law or a contract, prescribing an immoral action, is void. No sanction can justify murder, perjury or theft. ”

“ Justice Bradley contrasted those provisions with § 2 of the Act of 1866: 'This (latter) law is clearly corrective in its character, intended to counteract and furnish redress against state laws and proceedings, and customs having the force of law, which sanction the wrongful acts specified.' Id., 109 U.S. at page 16, 3 S.Ct. ”

“ Section 19 protects the 'citizen'; § 20 the 'inhabitant.' The sanction of § 19 extends to 'any right or privilege secured' to the citizen 'by the Constitution or laws of the United States'; the sanction of § 20 to 'any rights, privileges, or immunities secured or protected by the Constitution and laws of the United States.'
Mr. Justice Rutledge in Screws v. ”

“ It maintains, that, if a state shall impose a fine or penalty on any person employed in the execution of any law of the United States, it may levy that fine or penalty by a ministerial officer, without the sanction even of its own courts; and that the individual, though he perceives the approaching danger, can obtain no protection from the judicial department of the government. ”

“ An interpretation that can only have the unfortunate consequences of encouraging the filing of sanction motions and discouraging voluntary dismissals cannot be a sensible interpretation of Rules that are designed "to secure the just, speedy, andin expensive determination of every action." ”

“ The right of action that the majority sanctions here, on the other hands, is a creature of state law and may be expected to vary in content and effect according to the locality in which it is asserted. ”

“ We cannot sanction taking a man by the heels for refusing to grant the permission which this Act on its face apparently gave him the right to withhold. That would be making an act criminal without fair and effective notice. ”

“ To that end, the determination whether a given civil sanction constitutes punishment in the relevant sense requires a particularized assessment of the penalty imposed and the purposes that the penalty may fairly be said to serve. Simply put, a civil as well as a criminal sanction constitutes punishment when the sanction as applied in the individual case serves the goals of punishment. ”

“ Intent, of course, often makes the difference in the law. An act otherwise excusable or carrying minor penalties may grow to an abhorrent thing if the evil intent is present. We deal here, however, not with ordinary acts, but with speech, to which the Constitution has given a special sanction. ”

“ If they are not frequently administered, not only will their sanction be more regarded and in this way their breach be less proportionately frequent, but of necessity much more absolutely uncommon and consequently much more certainly visited with due punishment in all cases of evidence given before a Court of Justice. ”

“ The only support for the Court's position is to be found in a handful of errant federal cases, bunched within a few years of one other, which invented the notion that an unfairly severe civil sanction amounts to a violation of constitutional liberties. ”

“ This law must be administered by human agents, who can employ none other than human means.—In the case of individuals it is the municipal law of their country, which gives the sanction of all their perfect obligations. This law is administered by magistrates only: but its sanctions, although declared by them alone, must be enforced when necessary, by the power of mere men. In the case of States, it is the public law of the civilized world which gives the sanction f the obligations of Nations. ”

“ These evils are too prominent, and have too long employed the anxious cares of prudent testators, for this court to lend its sanction in any degree to impair the guards interposed by wills, whereby the rights of possession and enjoyment are withheld from devisees. ”

“ In many cases in which the meaning or proper application of the Charter is in doubt the courts must decide whether or not a legislative, administrative or other act complained of requires constitutional sanction, and such decisions may well have social or economic consequences. ”

“ It is not the presence of criminal sanctions which makes a state policy 'important public law.' Much public policy does not readily lend itself to accompanying criminal sanctions. Whether to impose criminal sanctions in connection with a given policy is itself a question of policy. ”

“ The Constitution does not forbid the imposition of an otherwise permissible criminal sanction, such as forfeiture, merely because in some cases prosecutors may abuse the processes available to them, e.g., by attempting to impose them on persons who should not be subjected to that punishment. ”

“ Civil as distinguished from criminal contempt is a sanction to enforce compliance with an order of the court or to compensate for losses or damages sustained by reason of noncompliance. See United States v. ”

“ The fact that any rule has already the sanction of custom raises a presumption that it deserves to obtain the sanction of law also. Via trita via tuta. Speaking generally, it is well that the courts of justice, in seeking for those principles of right which it is their duty to administer, should be content to accept those which have already in their favour the prestige and authority of long acceptance, rather than attempt the more dangerous task of fashioning a set of principles for themselves by the light of nature. ”

“ But, sir, there is another answer, in my judgment, more conclusive, to all these objections to this second section, which is the vital part of the bill. Without it, it would scarcely be worth the paper on which the bill is written. A law without a penalty, without a sanction, is of little value to any body. What good does it do for the Legislature to say, 'Do this, and forbear to do that,' if no consequence is to follow the act of disobedience? ”

“ There are civil sanctions against the State and its political subdivisions, [3] and state officials may, apparently, be subjected to criminal penalties. [4] The impact is pervasive, striking at all levels of state government. ”

“ Accordingly, we are here confronted with a statute which, by its own words and as applied, purports to punish mere advocacy and to forbid, on pain of criminal punishment, assembly with others merely to advocate the described type of action. ”

“ We discern no basis for holding that the sanctioning scheme of the statute and the rules displaces the inherent power to impose sanctions for the bad-faith conduct described above. These other mechanisms, taken alone or together, are not substitutes for the inherent power, for that power is both broader and narrower than other means of imposing sanctions. First, whereas each of the other mechanisms reaches only certain individuals or conduct, the inherent power extends to a full range of litigation abuses. At the very least, the inherent power must continue to exist to fill in the interstices. ”

“ But, in more modern books, you will find only special warrants to search such and such houses, specially named, in which the complainant has before sworn, that he suspects his goods are concealed; and will find it adjudged, that special warrants only are legal. In the same manner, I rely in it, that the writ prayed for in this petition, being general, is illegal. It is a power that places the liberty of every man in the hands of every petty officer. ”

“ In my opinion, when Congress prescribes a maximum penalty for criminal violation of a statute, that penalty fixes the maximum which can be imposed whether the conviction is in a criminal proceeding as such for its violation or is for contempt for violating an order of court to observe it temporarily. ”

“ For that section, which provided fines and prison terms for certain individuals who deprived others of rights 'secured or protcted' by § 1, was carefully drafted to exempt private violations of § 1 from the criminal sanctions it imposed. ”

“ Article XI. All authorities, whether political, military, or municipal, who have not acted in accordance with the provisions of the present law against those who are suspected of or recognized as being guilty of the offenses with which it deals, shall be liable to a fine of from fifty to one thousand piasters; and when the omission implies acquaintance with the guilty, the delinquent shall be brought before the court martial, who shall judge him and inflict a penalty in proportion to the offense. ”

“ Motives sufficient to that end can only be found in the painful class; and the act by which they are applied is denominated punishment. The definition, therefore, of offences or of the acts by which rights are violated and which it is expedient to punish, and the definition of the penalties by which they are prevented, are equally necessary with the definition of rights themselves. The reasons which demonstrate this necessity are so nearly the same with those which demonstrate the necessity of the definition of rights, that we deem it superfluous to repeat them. ”

“ Provided, That all persons may elect to sue for the penalties aforesaid, or to proceed under their rights at common law and by State statutes; and having so elected to proceed in the one mode or the other, their right to proceed in the other jurisdiction shall be barred: But this provision shall not apply to criminal proceedings, either under this act or the criminal law of any State: and provided further, That a judgment for the penalty in favor of the party aggrieved, or a judgment upon an indictment, shall be a bar to either prosecution respectively. ”

“ In all cases of penalty or punishment, it is contended, enforcement must depend upon the exertion of judicial power, either by civil or criminal process, since the distinction between judicial and administrative functions cannot be preserved consistently with the recognition of an administrative power to enforce a penalty without resort to judicial authority. ”

“ The idea of punishment implies on the side of the person punished at once a capacity for determination by the conception of a common or public good, or in other words a practical understanding of the nature of rights as founded on relations to such public good, and an actual violation of a right or omission to fulfil an obligation, the right or obligation being one of which the agent might have been aware and the violation or omission one which he might have prevented. ”