“
Bring me Mother Julian’s Scroll within two weeks, or I’ll get that guttersnipe Leni prosecuted for attempted murder. She won’t survive long in prison.
”
”
Susan Rowland (The Alchemy Fire Murder (Mary Wandwalker #2))
“
Persons attempting to find a motive in this narrative will be prosecuted; persons attempting to find a moral in it will be banished; persons attempting to find a plot in it will be shot.
BY ORDER OF THE AUTHOR
per
G.G., CHIEF OF ORDNANCE
”
”
Mark Twain (The Adventures of Huckleberry Finn)
“
You can’t prosecute criminals in a system that’s run by the same criminals.
”
”
Jasun Ether (The Beasts of Success)
“
My experience in Amsterdam is that cyclists ride where the hell they like and aim in a state of rage at all pedestrians while ringing their bell loudly, the concept of avoiding people being foreign to them.
My dream holiday would be a) a ticket to Amsterdam b) immunity from prosecution and c) a baseball bat.
”
”
Terry Pratchett
“
Curious things, habits. People themselves never knew they had them.
[Witness for the Prosecution, also published in The Hound of Death and Other Stories.]
”
”
Agatha Christie (The Witness for the Prosecution and Other Stories (Hercule Poirot, #28))
“
The Vatican won't prosecute pedophile priests but I decide I'm not ready for motherhood and it's condemnation for me? These are the same people that won't support national condom distribution that PREVENTS teenage pregnancy.
”
”
Sonya Renee Taylor
“
Somewhere along the line we started misinterpreting the First Amendment and this idea of the freedom of speech the amendment grants us. We are free to speak as we choose without fear of prosecution or persecution, but we are not free to speak as we choose without consequence.
”
”
Roxane Gay (Bad Feminist: Essays)
“
I'd like you to know that I've forgiven him. Again and again. Once done, of course, back comes the Enemy to persecute and prosecute, and I must ante up to God and forgive yet again.
”
”
Jan Karon (Home to Holly Springs (Mitford Years, #10))
“
The amount of money and of legal energy being given to prosecute hundreds of thousands of Americans who are caught with a few ounces of marijuana in their jeans simply makes no sense - the kindest way to put it. A sterner way to put it is that it is an outrage, an imposition on basic civil liberties and on the reasonable expenditure of social energy.
”
”
William F. Buckley Jr.
“
Whenever you see a board up with "Trespassers will be prosecuted," trespass at once.
”
”
Virginia Woolf
“
Hagrid, look what I’ve got for relatives!” Harry said furiously. “Look at the Dursleys!”
“An excellent point,” said Professor Dumbledore. “My own brother, Aberforth, was prosecuted for practicing inappropriate charms on a goat. It was all over the papers, but did Aberforth hide? No, he did not! He held his head high and went about his business as usual! Of course, I’m not entirely sure he can read, so that may not have been bravery. . . .
”
”
J.K. Rowling (Harry Potter and the Goblet of Fire (Harry Potter, #4))
“
If I were ever prosecuted for my religion, I truly hope there would be enough evidence to convict me.
”
”
John Wooden (Wooden: A Lifetime of Observations and Reflections On and Off the Court)
“
It is unthinkable in the twentieth century to fail to distinguish between what constitutes an abominable atrocity that must be prosecuted and what constitutes that "past" which "ought not to be stirred up.
”
”
Aleksandr Solzhenitsyn (The Gulag Archipelago 1918–1956 (Abridged))
“
Persons attempting to find a motive in this narrative will be prosecuted; persons attempting to find a moral in it will be banished; persons attempting to find a plot in it will be shot.
”
”
Mark Twain (The Adventures of Huckleberry Finn)
“
I shed my guilt when I accepted my decision on its own terms, without endlessly prosecuting old grievances, without weighing his sins against mine. Without thinking of my father at all. I learned to accept my decision for my own sake, because of me, not because of him. Because I needed it, not because he deserved it.
”
”
Tara Westover (Educated)
“
The prisons in the United States had long been an extreme reflection of the American system itself: the stark life differences between rich and poor, the racism, the use of victims against one another, the lack of resources of the underclass to speak out, the endless "reforms" that changed little. Dostoevski once said: "The degree of civilization in a society can be judged by entering its prisons."
It had long been true, and prisoners knew this better than anyone, that the poorer you were the more likely you were to end up in jail. This was not just because the poor committed more crimes. In fact, they did. The rich did not have to commit crimes to get what they wanted; the laws were on their side. But when the rich did commit crimes, they often were not prosecuted, and if they were they could get out on bail, hire clever lawyers, get better treatment from judges. Somehow, the jails ended up full of poor black people.
”
”
Howard Zinn (A People’s History of the United States: 1492 - Present)
“
If a man is guilty of impiety, he is to be tried in the court of the King Archon and made liable to death or confiscation of property. Any citizen who so wishes may bring the prosecution.
”
”
Robin Waterfield (Creators, Conquerors, and Citizens: A History of Ancient Greece)
“
When robbed, the rich cry out for protection and prosecution. When stealing, they expect the judiciary to look the other way.
”
”
Steven Erikson (Dust of Dreams (Malazan Book of the Fallen, #9))
“
Whoever taught my mother the phrase stud muffin should be prosecuted
”
”
Flynn Meaney (Bloodthirsty)
“
Let me have my tax money go for my protection and not for my prosecution. Let my tax money go for the protection of me. Protect my home, protect my streets, protect my car, protect my life, protect my property...worry about becoming a human being and not about how you can prevent others from enjoying their lives because of your own inability to adjust to life.
”
”
Harvey Milk
“
Neoliberal ideology drives us to focus on individuals, ourselves, individual victims, individual perpetrators. But how is it possible to solve the massive problem of racist state violence by calling upon individual police officers to bear the burden of that history and to assume that by prosecuting them, by exacting our revenge on them, we would have somehow made progress in eradicating racism?
”
”
Angela Y. Davis (Freedom Is a Constant Struggle: Ferguson, Palestine, and the Foundations of a Movement)
“
Mr. Buckley, let me explain it this way. And I'll do so very carefully and slowly so that even you will understand it. If I was the sheriff, I would not have arrested him. If I was on the grand jury, I would not have indicted him. If I was the judge, I would not try him. If I was the D.A., I would not prosecute him. If I was on the trial jury, I would vote to give him a key to the city, a plaque to hang on his wall, and I would send him home to his family. And, Mr. Buckley, if my daughter is ever raped, I hope I have the guts to do what he did.
”
”
John Grisham (A Time to Kill (Jake Brigance, #1))
“
In every state of the Union, Fundamentalists still fight to ban all the science they dislike and prosecute all who teach it. To them, 'traditional family values' denotes their right to keep their children as ignorant as their grandparents (and to hate the same folks grand-dad hated.)
”
”
Robert Anton Wilson (Sex and Rockets: The Occult World of Jack Parsons)
“
As for the cages themselves, an ordinary citizen who kept dogs in similar conditions for their entire lives would risk prosecution for cruelty. A pig producer who keeps an animal of comparable intelligence in this manner, however, is more likely to be rewarded with a tax concession or, in some countries, a direct government subsidy.
”
”
Peter Singer (Animal Liberation)
“
Knowing that someone is being bullied and not doing anything about it is abetting that bully. It is like you are the bully. There is no such thing as being an "innocent" bystander when a victim of bullying tells you to help them, and you don't. In some states, you can be prosecuted along with the bully, for not helping stop the crime. - Strong by Kailin Gow about Laws Against Bullying
”
”
Kailin Gow
“
Manto had earlier been prosecuted in Lahore for obscenity, and one of the words alleged to have been obscene was, “breasts
”
”
Saadat Hasan Manto (Why I Write: Essays by Saadat Hasan Manto)
“
It is not a single crime when a child is photographed while sexually assaulted (raped.) It is a life time crime that should have life time punishments attached to it. If the surviving child is, more often than not, going to suffer for life for the crime(s) committed against them, shouldn't the pedophiles suffer just as long? If it often takes decades for survivors to come to terms with exactly how much damage was caused to them, why are there time limits for prosecution?
”
”
Sierra D. Waters (Debbie.)
“
NOTICE
Persons attempting to find a motive in this narrative will be prosecuted; persons attempting to find a moral in it will be banished; persons attempting to find a plot in it will be shot.
BY ORDER OF THE AUTHOR
Per G.G.,Chief of Ordnance
”
”
Mark Twain (The Adventures of Huckleberry Finn)
“
To have reservations is to show true leadership. To have certainty without question, to lead people to battle with no qualms, or to prosecute without hesitation are qualities of a tyrant.
”
”
Laura Kreitzer (Abyss (Timeless, #3))
“
That peace did not come easily. I spent two years enumerating my father’s flaws, constantly updating the tally, as if reciting every resentment, every real and imagined act of cruelty, of neglect, would justify my decision to cut him from my life. Once justified, I thought the strangling guilt would release me and I could catch my breath. But vindication has no power over guilt. No amount of anger or rage directed at others can subdue it, because guilt is never about them. Guilt is the fear of one’s own wretchedness. It has nothing to do with other people. I shed my guilt when I accepted my decision on its own terms, without endlessly prosecuting old grievances, without weighing his sins against mine. Without thinking of my father at all. I learned to accept my decision for my own sake, because of me, not because of him. Because I needed it, not because he deserved it.
”
”
Tara Westover (Educated)
“
the prosecution witnesses. Skrdla also testified: “I have seen individuals who have taken it several hundred times and show no outward sign of any emotional disturbance while they are not on the drug.
”
”
Vincent Bugliosi (Helter Skelter)
“
Faith drives a wedge between ethics and suffering. Where certain actions cause no suffering at all, religious dogmatists still maintain that they are evil and worth of punishment (sodomy, marijuana use, homosexuality, the killing of blastocysts, etc). And yet, where suffering and death are found in abundance their causes are often deemed to be good (withholding funds for family planning in the third world, prosecuting nonviolent drug offenders, preventing stem cell research, etc). This inversion of priorities not only victimizes innocent people and squanders scarce resources; it completely falsifies our ethics. It is time we found a more reasonable approach to answering questions of right and wrong.
”
”
Sam Harris (The End of Faith: Religion, Terror, and the Future of Reason)
“
Enforced maternity brings into the world wretched infants, whom their parents will be unable to support and who will become the victims of public care or ‘child martyrs’. It must be pointed out that our society, so concerned to defend the rights of the embryo, shows no interest in the children once they are born; it prosecutes the abortionists instead of undertaking to reform that scandalous institution known as ‘public assistance’; those responsible for entrusting the children to their torturers are allowed to go free; society closes its eyes to the frightful tyranny of brutes in children’s asylums and private foster homes.
”
”
Simone de Beauvoir (The Second Sex)
“
It was actually pretty common for women not to scream or call the cops in rape cases I prosecuted,” Roe said, “at least partly because women aren’t wired to react that way. We are socialized to be likeable and not to create friction. We are brought up to be nice. Women are supposed to resolve problems without making a scene—to make bad things go away as if they never happened.
”
”
Jon Krakauer (Missoula: Rape and the Justice System in a College Town)
“
No one ever laid out the sequence of events that led to my mother being prosecuted and imprisoned for alleged welfare fraud.
”
”
Chris Gardner (The Pursuit of Happyness)
“
War is ninety percent myth anyway, isn’t it? In order to prosecute our own wars we raise them to the level of human sacrifice, don’t we, and we constantly invoke our God. It’s got to be about something bigger than dying, or we’d all turn deserter.
”
”
Denis Johnson (Tree of Smoke)
“
The truth has no place in a courtroom. The only thing that matters is what the prosecution can prove.
”
”
Steve Cavanagh (The Defence (Eddie Flynn, #1))
“
We are all broken by something. We have all hurt someone and have been hurt. We all share the condition of brokenness even if our brokenness is not equivalent. I desperately wanted mercy for Jimmy Dill and would have done anything to create justice for him, but I couldn’t pretend that his struggle was disconnected from my own. The ways in which I have been hurt—and have hurt others—are different from the ways Jimmy Dill suffered and caused suffering. But our shared brokenness connected us. Paul Farmer, the renowned physician who has spent his life trying to cure the world’s sickest and poorest people, once quoted me something that the writer Thomas Merton said: We are bodies of broken bones. I guess I’d always known but never fully considered that being broken is what makes us human. We all have our reasons. Sometimes we’re fractured by the choices we make; sometimes we’re shattered by things we would never have chosen. But our brokenness is also the source of our common humanity, the basis for our shared search for comfort, meaning, and healing. Our shared vulnerability and imperfection nurtures and sustains our capacity for compassion. We have a choice. We can embrace our humanness, which means embracing our broken natures and the compassion that remains our best hope for healing. Or we can deny our brokenness, forswear compassion, and, as a result, deny our own humanity. I thought of the guards strapping Jimmy Dill to the gurney that very hour. I thought of the people who would cheer his death and see it as some kind of victory. I realized they were broken people, too, even if they would never admit it. So many of us have become afraid and angry. We’ve become so fearful and vengeful that we’ve thrown away children, discarded the disabled, and sanctioned the imprisonment of the sick and the weak—not because they are a threat to public safety or beyond rehabilitation but because we think it makes us seem tough, less broken. I thought of the victims of violent crime and the survivors of murdered loved ones, and how we’ve pressured them to recycle their pain and anguish and give it back to the offenders we prosecute. I thought of the many ways we’ve legalized vengeful and cruel punishments, how we’ve allowed our victimization to justify the victimization of others. We’ve submitted to the harsh instinct to crush those among us whose brokenness is most visible. But simply punishing the broken—walking away from them or hiding them from sight—only ensures that they remain broken and we do, too. There is no wholeness outside of our reciprocal humanity.
”
”
Bryan Stevenson (Just Mercy: A Story of Justice and Redemption)
“
Annabelle gnawed her bottom lip. “I know I have to tell him the truth. I just need to find the right moment.”
Krystal cocked her hip. “Girl, there is no right moment to die.”
Charmaine clucked her tongue. “You are going straight on the top of my prayer list.”
Only Phoebe looked pleased, and her amber eyes glowed like a cat’s. “I love this. Not the fact that you’ll end up in a shallow grave – I’m really sorry about that, and I’ll make sure he’s prosecuted to the fullest extent of the law. But I love knowing that a mere slip of a female put one over on the great Python.”
Molly glared at her sister. “This is the exact reason why Christine Jeffreys won’t let her daughters have a sleepover with the twins. You frighten people.
”
”
Susan Elizabeth Phillips (Match Me If You Can (Chicago Stars, #6))
“
Difficulty of subsistence made the invaders reduce the numbers of the army to a point at which it might live on the country during the prosecution of the war.
”
”
Thucydides (The History of the Peloponnesian War)
“
The primary duty of a lawyer engaged in public prosecution is not to convict, but to see that justice is done…
”
”
Vincent Bugliosi (Helter Skelter)
“
If we internalize every disappointing setback with contempt and self-loathing, a life of solitary confinement and discontentment awaits us. It’s a verdict indicted by a prosecution, deliberated by a jury and condemned by a judge…all three being you. We imprison ourselves when we allow outside negative circumstances and people dictate who we are. You can dwell in that cell…but only you can exonerate you. ~Jason Versey
”
”
Jason Versey (A Walk with Prudence)
“
It empowers people,” one of the social workers said about the personalized budget. “It gives choices. I think it can make a difference.” After decades of fruitless pushing, pulling, pampering, penalizing, prosecuting, and protecting, nine notorious vagrants had finally been brought in from the streets. The cost? Some £50,000 a year, including the social workers’ wages. In other words, not only did the project help thirteen people, it also cut costs considerably.5 Even the Economist had to conclude that the “most efficient way to spend money on the homeless might be to give it to them.
”
”
Rutger Bregman (Utopia for Realists: And How We Can Get There)
“
No policeman had ever arrested anyone for over-reading; but ignorance prosecutes those who under-read. You begin to stop growing on the day you stop learning, so why not keep learning and keep growing!
”
”
Israelmore Ayivor
“
It's a good thing I'm not the president, because I would prosecute everybody who was involved in that torture, I would prosecute the people who did it, I would prosecute the people who ordered it and they would all go to jail! Because Torture is against the law!
”
”
Jesse Ventura
“
The lack of stringent laws and the inefficient prosecution of
perpetrators have made it increasingly difficult for victims and their
families to get the justice they deserve.
”
”
Oche Otorkpa (The Unseen Terrorist)
“
The internet is now a forum for public prosecution.
”
”
David Cronenberg (Consumed)
“
Male leads in love stories need to be devoted, need to chase trains, cross continents, give up fortunes and thrones, defy convention, face prosecution, take apart rooms and break the backs of angels, sketch the beloved all over the cement walls of their studios, build sculptures as homages. They don't flirt shamelessly with the likes of me when they have Transylvanian girlfriends. What an effing jerk.
”
”
Jandy Nelson (I'll Give You the Sun)
“
Rebecca Byers, the comm officer on duty, could have been bred from a shark and a hatchet. Black eyes, sharp features, lips so thin they might as well not have existed. The story on board was that she’d taken the job to escape prosecution for killing an ex-husband. Holden liked her.
”
”
James S.A. Corey (Leviathan Wakes (Expanse, #1))
“
You know... confessing to avoid prosecution is a time-honored strategy.
I don't want to be honored with time. Honor me with "slap-on-the-wrist," or maybe even "scot free.
”
”
Howard Tayler (Emperor Pius Dei (Schlock Mercenary, #7))
“
In the name of motherhood and fatherhood and education and good manners, we threaten and suffocate and bind and ensnare and bribe and trick children into wholesale emulation of our ways. Indeed, originality is recognized as disobedience, pathology, incorrigible character and/or unlawful conduct to be prosecuted by the state.
”
”
June Jordan (Some Of Us Did Not Die: Selected Essays)
“
I swore never to be silent whenever human beings endure suffering and humiliation. We must take sides. Neutrality helps the oppressor, never the victim. Silence encourages the tormentor, never the tormented. Sometimes we must interfere. When human lies are endangered, when human dignity is in jeopardy, national borders and sensitivities become irrelevant. Whenever men and women are prosecuted because of their race, religion, or political views, that place must--at that moment--become the center of the universe.
”
”
Elie Wiesel (Nobel Prize Acceptance Speech)
“
Consequently the Wolfenden recommendations will be indefinitely rejected, police prosecutions will continue and Clive on the bench will continue to sentence Alec in the dock. Maurice may get off.
”
”
E.M. Forster (Maurice)
“
NOTICE
Persons attempting to find a "text" in this book will be prosecuted; persons attempting to find a "subtext" in this book will be banished; persons attempting to explain, interpret, explicate, analyze, deconstruct, or otherwise "understand" it will be exiled to a desert island in the company only of other explainers.
BY ORDER OF THE AUTHOR
”
”
Wendell Berry (Jayber Crow)
“
Ah! there is not in the world a single man free; for he is either a slave to money or to fortune, or else the people in their thousands or the fear of public prosecution prevents him from following the dictates of his heart.
”
”
Euripides (The Complete Works: 18 Books)
“
only between 5 percent and 20 percent of forcible rapes in the United States are reported to the police; a paltry 0.4 percent to 5.4 percent of rapes are ever prosecuted; and just 0.2 percent to 2.8 percent of forcible rapes culminate in a conviction that includes any time in jail for the assailant. Here’s another way to think about these numbers: When an individual is raped in this country, more than 90 percent of the time the rapist gets away with the crime. —
”
”
Jon Krakauer (Missoula: Rape and the Justice System in a College Town)
“
It would be easier to be a criminal fairly prosecuted by the law than an Indian daughter who wronged her family. A crime would be punishable by a jail sentence of definite duration rather than this uncertain length of family guilt trips.
”
”
Balli Kaur Jaswal (Erotic Stories for Punjabi Widows)
“
If the prosecution of crime is to be conducted with so little regard for that protection which centuries of English law have given to the individual, we are indeed at the dawn of a new era; and much that we have deemed vital to our liberties, is a delusion.
”
”
Learned Hand
“
AS IT TURNED out, Rylann wasn’t quite as good as she’d thought she was.
Over the last five years she’d prosecuted cases, she’d become quite skilled at reading defendants and their lawyers at the initial court
appearance. Given Quinn’s obvious nervousness, she’d originally predicted that his lawyer would be calling her within two weeks to negotiate a
plea agreement.
Instead, it took him two weeks and three days to make that call.
”
”
Julie James (About That Night (FBI/US Attorney, #3))
“
Forced motherhood results in bringing miserable children into the world, children whose parents cannot feed them, who become victims of public assistance or "martyr children." It must be pointed out that the same society so determined to defend the rights of the fetus shows no interest in children after they are born; instead of trying to reform this scandalous institution called public assistance, society prosecutes abortionists; those responsible for delivering orphans to torturers are left free; society closes its eyes to the horrible tyranny practiced in "reform schools" or in the private homes of child abusers; and while it refuses to accept that the fetus belongs to the mother carrying it, it nevertheless agrees that the child is his parents' thing.
”
”
Simone de Beauvoir (The Second Sex)
“
I no longer believed that equanimity was either tenable or desirable. It corroded everything inside. I had never met a person with greater equanimity than the former president. But this applied to all of them—to the prosecution and the defense, to the judges and even the other interpreters. They were able to work. They had the right temperament for the job. But at what internal cost?
”
”
Katie Kitamura (Intimacies)
“
Not as others had wanted to learn, for power or excitement, or for the prosecution of some enmity or private greed; but because he had seen, darkly with a child's eyes, how the gods move with the winds and speak with the sea and sleep in the gentle herbs; and how God himself is in the sum of all that is on the face of the lovely earth.
”
”
Mary Stewart (The Last Enchantment (Arthurian Saga, #3))
“
There was one sure way to avoid being assigned an impromptu chore in our house - be it taking out the trash or cleaning your room - and that was to have your face buried in a book. Like churches during the Middle Ages, books conferred instant sanctuary. Once you entered one, you couldn't be disturbed. They didn't give you immunity from prosecution if you'd done something wrong - just a temporary reprieve. But we quickly learned you had to both look and be completely engrossed - just flipping pages didn't count.
”
”
Will Schwalbe (The End of Your Life Book Club)
“
We live in a two-tiered legal system, one where poor people are harassed, arrested, and jailed for absurd infractions, such as selling loose cigarettes—which led to Eric Garner being choked to death by the New York City police in 2014—while crimes of appalling magnitude by the oligarchs and corporations, from oil spills to bank fraud in the hundreds of billions of dollars, which wiped out 40 percent of the world’s wealth,41 are dealt with through tepid administrative controls, symbolic fines, and civil enforcement that give these wealthy perpetrators immunity from criminal prosecution.
”
”
Chris Hedges (America: The Farewell Tour)
“
Interestingly, the historic case of 1868 in England that first defined obscenity-known among lawyers as the Hicklin decision- evolved out of the prosecution of a pamphlet describing how priests were often so sexually aroused while hearing women’s confessions that they sometimes masturbated and even copulated with their repentant subjects in the confessional.
”
”
Gay Talese (Thy Neighbor's Wife: A Chronicle of American Permissiveness Before the Age of AIDS)
“
You can see the same immorality or amorality in the Christian view of guilt and punishment. There are only two texts, both of them extreme and mutually contradictory. The Old Testament injunction is the one to exact an eye for an eye and a tooth for a tooth (it occurs in a passage of perfectly demented detail about the exact rules governing mutual ox-goring; you should look it up in its context (Exodus 21). The second is from the Gospels and says that only those without sin should cast the first stone. The first is a moral basis for capital punishment and other barbarities; the second is so relativistic and "nonjudgmental" that it would not allow the prosecution of Charles Manson. Our few notions of justice have had to evolve despite these absurd codes of ultra vindictiveness and ultracompassion.
”
”
Christopher Hitchens (Letters to a Young Contrarian)
“
My most ardent wish is that you, and everyone like you, will look up. That you’ll do so and never be beaten into the ground again. I write handbills because I can write those words without fear of reprisal—because if I am discovered, the House of Lords will never prosecute me. I write because those words must be written. I write because to not write, to not speak, would be to waste what I have been given.
”
”
Courtney Milan (The Duchess War (Brothers Sinister, #1))
“
Well in those parts (upcountry India) they have were-tigers, or think they have, and I must say that in this case, so far as sworn and uncontested evidence went, they had every ground for thinking so. However, as we gave up witchcraft prosecutions about three hundred years ago, we don’t like to have other people keeping on our discarded practices; it doesn’t seem respectful to our mental and moral position.
”
”
Saki
“
War is ninety percent myth anyway, isn’t it? In order to prosecute our own wars we raise them to the level of human sacrifice, don’t we, and we constantly invoke our God. It’s got to be about something bigger than dying, or we’d all turn deserter. I think we need to be much more conscious of that. I think we need to be invoking the other fellow’s gods too.
”
”
Denis Johnson (Tree of Smoke)
“
There is a great similarity between legal evidence and historical evidence. The only difference lies in the fact that in legal evidence it is the judge who determines whether the account of a witness is acceptable or not... The historian is prosecuting attorney and defense attorney and the judge all rolled into one, and he is the narrator and the interpreter.
”
”
Teodoro A. Agoncillo (Talking History: Conversations with Teodoro A. Agoncillo)
“
If things went according to death notices, man would be absolutely perfect. There you find only first-class fathers, immaculate husbands, model children, unselfish and self-sacrificing mothers, grandparents mourned by all, businessmen in contrast with whom Francis of Assisi would seem an infinite egoist, generals dripping with kindness, humane prosecuting attorneys, almost holy munitions makers - in short, the earth seems to have been populated by a horde of wingless angels without one's having been aware of it.
”
”
Erich Maria Remarque (The Black Obelisk)
“
In recent years, some of the biggest new drug kingpins can't be successfully prosecuted. The Pablo Escobars of today are coming out of China, and they don't have to worry about being imprisoned by their government. They can operate free and in the clear, within the boundaries of their country's own laws. Whenever a deadly new drug is made illegal in China, manufacturers simply tweak its chemical structure and start producing a new drug that is still legal. Many fentanyl analogues and cannabinoids have been made this way.
”
”
Ben Westhoff (Fentanyl, Inc.: How Rogue Chemists Are Creating the Deadliest Wave of the Opioid Epidemic)
“
If there is any political moral to be found in this world,” Stencil once wrote in his journal, “it is that we carry on the business of this century with an intolerable double vision. Right and Left; the hothouse and the street. The Right can only live and work hermetically, in the hothouses of the past, while outside the Left prosecute their affairs in the streets by manipulated mob violence. And cannot live but in the dreamscape of the future.
“What of the real present, the men-of-no-politics, the once-respectable Golden Mean? Obsolete; in any case, lost sight of. In a West of such extremes we can expect, at the very least, a highly ‘alienated’ populace within not many more years.
”
”
Thomas Pynchon (V.)
“
But vindication has no power over guilt. No amount of anger or rage directed at others can subdue it, because guilt is never about them. Guilt is the fear of one's own wretchedness. It has nothing to do with other people. I shed my guilt when I accepted my decision on its own terms, without endlessly prosecuting old grievances, without weighting his sins against mine. Without thinking of my father at all. I learned to accept my decision for my own sake, because of me, not because of him. Because I needed it, not because he deserved. it.
”
”
Tara Westover (Educated)
“
Reading may be the last secretive behavior that is neither pathological or prosecutable. It is certainly the last refuge from the real-time epidemic. For the stream of a narrative overflows the banks of the real. Story strips its reader, holding her in a place time can't reach. A book's power lies in its ability to erase us, to expand or contract without limit, to circle inside itself without beginning or end, to defy our imaginary timetables and lay us bare to a more basic ticking. The pages we read are a nowhen, unfolding far outside the public arena. As long as we remain in them, now reveals itself to be the baldest of inventions.
”
”
Richard Powers (The Paris Review Book for Planes, Trains, Elevators, and Waiting Rooms)
“
The thing is,” he said, “maybe in the same situation, even knowing what I know now, I’d still do the same thing. I’d still tear that Christian bastard’s nails out, get him to talk, find out where the bomb was, hope that the plods got the right street, the right end of it, the right fucking city.” He looked at me with what might have been defiance or even a sort of pleading. “But I’d still insist that I was charged and prosecuted.” He shook his head again. “Don’t you see? You can’t have a state where torture is legal, not for anything. You start saying it’s only for the most serious cases, but that never lasts. It should always be illegal, for everybody, for everything. You might not stop it. Laws against murder don’t stop all murders, do they? But you make sure people don’t even think about it unless it’s a desperate situation, something immediate. And you have to make the torturer pay. In full. There has to be that disincentive, or they’ll all be at it.
”
”
Iain Banks (Transition)
“
But he hadn’t done something wrong, I suggested. He had saved innocent lives and helped defeat those who would bring society down. “It was still against the law!” he shouted. “Don’t you see? If the law means anything then I couldn’t be above it. Not just because I was a police officer or because my breaking it had resulted in some lives being saved. That’s not the point. Torture was illegal. I’d broken the law. Can’t you see any of this?” He shook his the chair, rattling the chains attaching his handcuffs to the floor. “It’s even more important to prosecute police who’ve broken the law than it is to prosecute anybody else, because otherwise nobody trusts the police.” I pointed out that the forceful questioning of suspects was now entirely if unfortunately legal, even if it hadn’t been then. “‘Forceful questioning.’ You mean torture.
”
”
Iain Banks (Transition)
“
To be rich or well-born was a crime: men were prosecuted for holding or for refusing office: merit of any kind meant certain ruin. Nor were the Informers more hated for their crimes than for their prizes: some carried off a priesthood or the consulship as their spoil, others won offices and influence in the imperial household: the hatred and fear they inspired worked universal havoc. Slaves were bribed against their masters, freedmen against their patrons, and, if a man had no enemies, he was ruined by his friends.
”
”
Tacitus (The Complete Tacitus Anthology: The Histories, The Annals, Germania, Agricola, A Dialogue on Oratory (Illustrated) (Texts From Ancient Rome Book 6))
“
During my stay in the United States, I witnessed the spontaneous formation of committees in a country for the pursuit and prosecution of a man who had committed a great crime. In Europe, a criminal is an unhappy man who is struggling for his life against the agents of power, whilst the people are merely a spectator of the conflict: in America, he is looked upon as an enemy of the human race, and the whole of mankind is against him.
”
”
Alexis de Tocqueville (Democracy in America)
“
[Israel's military occupation is] in gross violation of international law and has been from the outset. And that much, at least, is fully recognized, even by the United States, which has overwhelming and, as I said, unilateral responsibility for these crimes. So George Bush No. 1, when he was the U.N. ambassador, back in 1971, he officially reiterated Washington's condemnation of Israel's actions in the occupied territories. He happened to be referring specifically to occupied Jerusalem. In his words, actions in violation of the provisions of international law governing the obligations of an occupying power, namely Israel. He criticized Israel's failure "to acknowledge its obligations under the Fourth Geneva Convention as well as its actions which are contrary to the letter and spirit of this Convention." [...] However, by that time, late 1971, a divergence was developing, between official policy and practice. The fact of the matter is that by then, by late 1971, the United States was already providing the means to implement the violations that Ambassador Bush deplored. [...] on December 5th [2001], there had been an important international conference, called in Switzerland, on the 4th Geneva Convention. Switzerland is the state that's responsible for monitoring and controlling the implementation of them. The European Union all attended, even Britain, which is virtually a U.S. attack dog these days. They attended. A hundred and fourteen countries all together, the parties to the Geneva Convention. They had an official declaration, which condemned the settlements in the occupied territories as illegal, urged Israel to end its breaches of the Geneva Convention, some "grave breaches," including willful killing, torture, unlawful deportation, unlawful depriving of the rights of fair and regular trial, extensive destruction and appropriation of property not justified by military necessity and carried out unlawfully and wantonly. Grave breaches of the Geneva Convention, that's a serious term, that means serious war crimes. The United States is one of the high contracting parties to the Geneva Convention, therefore it is obligated, by its domestic law and highest commitments, to prosecute the perpetrators of grave breaches of the conventions. That includes its own leaders. Until the United States prosecutes its own leaders, it is guilty of grave breaches of the Geneva Convention, that means war crimes. And it's worth remembering the context. It is not any old convention. These are the conventions established to criminalize the practices of the Nazis, right after the Second World War. What was the U.S. reaction to the meeting in Geneva? The U.S. boycotted the meeting [..] and that has the usual consequence, it means the meeting is null and void, silence in the media.
”
”
Noam Chomsky
“
Southern women are unique; there is no disputing that. We are women born of conflict, our pasts littered with battles and chaos, self-preservation, and protection. We’ve run plantations during wars, served Union soldiers tea before watching them burn our homes, hidden slaves from prosecution, and endured centuries of watching and learning from our men’s mistakes. It is not easy to survive life in the South. It is even more difficult to do it with a smile on your face. We have held these states together, held our dignity and graciousness, held our head high when it was smeared with blood and soot. We are strong. We are Southern. We have secrets and lives you will never imagine.
”
”
Alessandra Torre (Hollywood Dirt (Hollywood Dirt, #1))
“
Police and prosecutors are morally and professionally obligated to make every effort to identify specious rape reports, safeguard the civil rights of rape suspects, and prevent the falsely accused from being convicted. At the same time, however, police and prosecutors are obligated to do everything in their power to identify individuals who have committed rape and ensure that the guilty are brought to justice. These two objectives are not mutually exclusive. A meticulous, expertly conducted investigation that begins by believing the victim is an essential part of prosecuting and, ultimately, convicting those who are guilty of rape. It also happens to be the best way to exonerate those who have been falsely accused. Rape victims provide police with more information--and better information--when detectives interview them from a position of trust rather than one of suspicion.
”
”
Jon Krakauer (Missoula: Rape and the Justice System in a College Town)
“
The Obama administration, which has brought more prosecutions against leakers than all prior presidencies combined, has sought to create a climate of fear that would stifle any attempts at whistle-blowing. But Snowden destroyed that template. He has managed to remain free, outside the grasp of the United States; what's more, he has refused to remain in hiding but proudly came forward and identified himself. As a result, the public image of him is not a convict in orange jumpsuit and shackles but and independent, articulate figure who can speak for himself, explaining what he did and why.
”
”
Glenn Greenwald (No Place to Hide: Edward Snowden, the NSA, and the U.S. Surveillance State)
“
We have shot, hanged, gassed, electrocuted, and lethally injected hundreds of people to carry out legally sanctioned executions. Thousands more await their execution on death row. Some states have no minimum age for prosecuting children as adults; we’ve sent a quarter million kids to adult jails and prisons to serve long prison terms, some under the age of twelve. For years, we’ve been the only country in the world that condemns children to life imprisonment without parole; nearly three thousand juveniles have been sentenced to die in prison.
”
”
Bryan Stevenson (Just Mercy: A Story of Justice and Redemption)
“
After a victim has reported a crime to the police, many people believe that the decision whether or not to charge the suspect with a crime, and then prosecute the suspect, is the prerogative of the victim. News media often contribute to this misconception in stories about rape victims by reporting that a victim 'declined to press charges.' In fact, the criminal justice system gives victims no direct say in the matter. It's the police, for the most part, who decide whether a suspect should be arrested, and prosecutors who ultimately determine whether a conviction should be pursued.
”
”
Jon Krakauer (Missoula: Rape and the Justice System in a College Town)
“
Because a bunch of dudes beating on one dude who was already on the ground until he's brain damaged and broken is wrong. Because prosecuting people differently for the same exact crimes because of skin color is wrong. Because some people being able to buy private islands while other people sleep outside on the ground is wrong. Because knowingly destroying poor communities with drugs let in to fund wars against foreign regimes is fundamentally wrong. Because even though you finally enact a Civil Rights Act not even thirty years ago, it doesn't erase centuries of unequal wealth, unequal access, unequal schooling, unequal living conditions, unequal policing. You can't tell people to pull up on bootstraps when half of them never had any boots to begin with, never even had the chance to get them. Or when you let people burn whole, thriving black communities to the ground and conveniently forget about it. Because maybe the problem isn't only with "bad" people, maybe the problem is with the whole system.
”
”
Christina Hammonds Reed (The Black Kids)
“
I find it appalling that the Church claims Mary consented at the age of thirteen to become the mother of God.”
“But she did,” James said. “There is ample evidence to show she consented.”
“Isn’t that the classic defense of the pedophile?” Helena asked. “In Christ’s time and even today in some countries in the Middle East and India, child marriages are customary. But that doesn’t make it right. In Europe and the U.S. we prosecute adults for preying on children. God would be arrested for impregnating a girl below the age of consent.”
“People didn’t live as long then,” James said.
Helena would not back down. “But human biology hasn’t changed. My point is she was too young to consent. The brain of a young teenager isn’t fully developed.”
“The mysteries of the faith require us to have faith.”
“Don’t hide behind that nonsense. What kind of message is the Church sending to women? Only virgin children are pure? Experienced mothers are impure and unfit to raise Christ? It’s creepy and insulting when you think about it, but you would have me suspend rational judgment and just accept something I would tear your eyes out for thinking about my underage sister?
”
”
Janet M. Tavakoli (Archangels: Rise of the Jesuits)
“
As I traveled the country promoting my book, I was asked by many people, ‘What are you trying to prove here? Lyndon Johnson is dead. He can’t be prosecuted. What is the point of this other than an academic exercise?’ Here is the point: The government does not always tell us the truth. In fact, the government seldom tells us the truth. If ONE citizen understands by reading my book that everything the government says must be regarded with a healthy dose of skepticism, then I will have achieved my goal. Perhaps the best analysis comes from former federal prosecutor and US Attorney David Marston, who wrote to me, “You have viewed the JFK assassination through the prism of a murder investigator’s first question, cui bono (who benefits)? The shocking answer is that the primary suspect has been hiding in plain sight for fifty years: LBJ.
”
”
Roger Stone (The Man Who Killed Kennedy: The Case Against LBJ)
“
As I look back on it, I understand that the jury was sequestered and it was a long trial, but they were a rather high-maintenance bunch. There seemed to be a lot of thought and discussion about what entertainment they wanted, which movies they wanted to watch, and which restaurants they wanted to go to. Yet, as we would learn later, when it came time to deliberate, they never asked a single question about the evidence.
”
”
Jeff Ashton (Imperfect Justice: Prosecuting Casey Anthony)
“
Of a real, true contract, on whatsoever subject, there is no vestige in Rousseau's book. To give an
exact idea of his theory, I cannot do better than compare it with a commercial agreement, in which
the names of the parties, the nature and value of the goods, products and services involved, the
conditions of quality, delivery, price, reimbursement, everything in fact which constitutes the
material of contracts, is omitted, and nothing is mentioned but penalties and jurisdictions.
"Indeed, Citizen of Geneva, you talk well. But before holding forth about the sovereign and the
prince, about the policeman and the judge, tell me first what is my share of the bargain? What? You
expect me to sign an agreement in virtue of which I may be prosecuted for a thousand
transgressions, by municipal, rural, river and forest police, handed over to tribunals, judged,
condemned for damage, cheating, swindling, theft, bankruptcy, robbery, disobedience to the laws of
the State, offence to public morals, vagabondage,--and in this agreement I find not a word of either
my rights or my obligations, I find only penalties!
"But every penalty no doubt presupposes a duty, and every duty corresponds to a right. Where then
in your agreement are my rights and duties? What have I promised to my fellow citizens? What
have they promised to me? Show it to me, for without that, your penalties are but excesses of
power, your law-controlled State a flagrant usurpation, your police, your judgment and your
executions so many abuses. You who have so well denied property, who have impeached so
eloquently the inequality of conditions among men, what dignity, what heritage, have you for me in
your republic, that you should claim the right to judge me, to imprison me, to take my life and
honor? Perfidious declaimer, have you inveighed so loudly against exploiters and tyrants, only to
deliver me to them without defence?
”
”
Pierre-Joseph Proudhon (The General Idea of the Revolution in the Nineteenth Century)
“
..I began speaking.. First, I took issue with the media's characterization of the post-Katrina New Orleans as resembling the third world as its poor citizens clamored for a way out. I suggested that my experience in New Orleans working with the city's poorest people in the years before the storm had reflected the reality of third-world conditions in New Orleans, and that Katrina had not turned New Orleans into a third-world city but had only revealed it to the world as such. I explained that my work, running Reprieve, a charity that brought lawyers and volunteers to the Deep South from abroad to work on death penalty issues, had made it clear to me that much of the world had perceived this third-world reality, even if it was unnoticed by our own citizens.
To try answer Ryan's question, I attempted to use my own experience to explain that for many people in New Orleans, and in poor communities across the country, the government was merely an antagonist, a terrible landlord, a jailer, and a prosecutor. As a lawyer assigned to indigent people under sentence of death and paid with tax dollars, I explained the difficulty of working with clients who stand to be executed and who are provided my services by the state, not because they deserve them, but because the Constitution requires that certain appeals to be filed before these people can be killed. The state is providing my clients with my assistance, maybe the first real assistance they have ever received from the state, so that the state can kill them.
I explained my view that the country had grown complacent before Hurricane Katrina, believing that the civil rights struggle had been fought and won, as though having a national holiday for Martin Luther King, or an annual march by politicians over the bridge in Selma, Alabama, or a prosecution - forty years too late - of Edgar Ray Killen for the murder of civil rights workers in Philadelphia, Mississippi, were any more than gestures. Even though President Bush celebrates his birthday, wouldn't Dr. King cry if he could see how little things have changed since his death? If politicians or journalists went to Selma any other day of the year, they would see that it is a crumbling city suffering from all of the woes of the era before civil rights were won as well as new woes that have come about since. And does anyone really think that the Mississippi criminal justice system could possibly be a vessel of social change when it incarcerates a greater percentage of its population than almost any place in the world, other than Louisiana and Texas, and then compels these prisoners, most of whom are black, to work prison farms that their ancestors worked as chattel of other men?
...
I hoped, out loud, that the post-Katrina experience could be a similar moment [to the Triangle Shirtwaist factory fiasco], in which the American people could act like the children in the story and declare that the emperor has no clothes, and hasn't for a long time. That, in light of Katrina, we could be visionary and bold about what people deserve. We could say straight out that there are people in this country who are racist, that minorities are still not getting a fair shake, and that Republican policies heartlessly disregard the needs of individual citizens and betray the common good. As I stood there, exhausted, in front of the thinning audience of New Yorkers, it seemed possible that New Orleans's destruction and the suffering of its citizens hadn't been in vain.
”
”
Billy Sothern (Down in New Orleans: Reflections from a Drowned City)
“
If the case isn't plea bargained, dismissed or placed on the inactive docket for an indefinite period of time, if by some perverse twist of fate it becomes a trial by jury, you will then have the opportunity of sitting on the witness stand and reciting under oath the facts of the case-a brief moment in the sun that clouds over with the appearance of the aforementioned defense attorney who, at worst, will accuse you of perjuring yourself in a gross injustice or, at best, accuse you of conducting an investigation so incredibly slipshod that the real killer has been allowed to roam free.
Once both sides have argued the facts of the case, a jury of twelve men and women picked from computer lists of registered voters in one of America's most undereducated cities will go to a room and begin shouting. If these happy people manage to overcome the natural impulse to avoid any act of collective judgement, they just may find one human being guilty of murdering another. Then you can go to Cher's Pub at Lexington and Guilford, where that selfsame assistant state's attorney, if possessed of any human qualities at all, will buy you a bottle of domestic beer.
And you drink it. Because in a police department of about three thousand sworn souls, you are one of thirty-six investigators entrusted with the pursuit of that most extraordinary of crimes: the theft of a human life. You speak for the dead. You avenge those lost to the world. Your paycheck may come from fiscal services but, goddammit, after six beers you can pretty much convince yourself that you work for the Lord himself. If you are not as good as you should be, you'll be gone within a year or two, transferred to fugitive, or auto theft or check and fraud at the other end of the hall. If you are good enough, you will never do anything else as a cop that matters this much. Homicide is the major leagues, the center ring, the show. It always has been. When Cain threw a cap into Abel, you don't think The Big Guy told a couple of fresh uniforms to go down and work up the prosecution report. Hell no, he sent for a fucking detective. And it will always be that way, because the homicide unit of any urban police force has for generations been the natural habitat of that rarefied species, the thinking cop.
”
”
David Simon
“
In addition, unlike Othello, whose profession of arms is socially honorable, Shylock is a professional usurer who, like a prostitute, has a social function but is an outcast from the community. But, in the play, he acts unprofessionally; he refuses to charge Antonio interest and insists upon making their legal relation that of debtor and creditor, a relation acknowledged as legal by all societies. Several critics have pointed to analogies between the trial scene and the medieval Processus Belial in which Our Lady defends man against the prosecuting Devil who claims the legal right to man’s soul. […] But the differences between Shylock and Belial are as important as their similarities. The comic Devil of the mystery play can appeal to logic, to the letter of the law, but he cannot appeal to the heart or to the imagination, and Shakespeare allows Shylock to do both. In his "Hath not a Jew eyes…" speech in Act III, Scene I, he is permitted to appeal to the sense of human brotherhood, and in the trial scene, he is allowed to argue, with a sly appeal to the fear a merchant class has of radical social evolution:
You have among you many a purchased slave
Which like your asses and your dogs and mules,
You use in abject and in slavish parts,
which points out that those who preach mercy and brotherhood as universal obligations limit them in practice and are prepared to treat certain classes of human beings as things.
”
”
W.H. Auden (The Dyer's Hand and Other Essays)
“
This vacillation between assertion and denial in discussions about organised abuse can be understood as functional, in that it serves to contain the traumatic kernel at the heart of allegations of organised abuse. In his influential ‘just world’ theory, Lerner (1980) argued that emotional wellbeing is predicated on the assumption that the world is an orderly, predictable and just place in which people get what they deserve. Whilst such assumptions are objectively false, Lerner argued that individuals have considerable investment in maintaining them since they are conducive to feelings of self—efficacy and trust in others. When they encounter evidence contradicting the view that the world is just, individuals are motivated to defend this belief either by helping the victim (and thus restoring a sense of justice) or by persuading themselves that no injustice has occurred. Lerner (1980) focused on the ways in which the ‘just world’ fallacy motivates victim-blaming, but there are other defences available to bystanders who seek to dispel troubling knowledge. Organised abuse highlights the severity of sexual violence in the lives of some children and the desire of some adults to inflict considerable, and sometimes irreversible, harm upon the powerless. Such knowledge is so toxic to common presumptions about the orderly nature of society, and the generally benevolent motivations of others, that it seems as though a defensive scaffold of disbelief, minimisation and scorn has been erected to inhibit a full understanding of organised abuse.
Despite these efforts, there has been a recent resurgence of interest in organised abuse and particularly ritualistic abuse (eg Sachs and Galton 2008, Epstein et al. 2011, Miller 2012).
”
”
Michael Salter (Organised Sexual Abuse)
“
We must know something about malevolence, about how to recognize it, and about how not to make excuses for it. We must know that we cannot expect fair play.
That is, perhaps, most crucial of all. Those of us who practice in this field must face the implications of the fact that we are dealing with sexual abuse. Child sex offenders-people who exploit children’s bodies and betray their trust-are not going to hesitate to lie outright. This is obvious but nonetheless frequently seems to catch people by surprise.
Confessions of a Whistle-Blower: Lessons Learned Author: Anna C. Salter. Ethics & Behavior, Volume 8, Issue 2 June 1998
”
”
Anna C. Salter
“
My years of struggling against inequality, abusive power, poverty, oppression, and injustice had finally revealed something to me about myself. Being close to suffering, death, executions, and cruel punishments didn't just illuminate the brokenness of others; in a moment of anguish and heartbreak, it also exposed my own brokenness. You can't effectively fight abusive power, poverty, inequality, illness, oppression, or injustice and not be broken by it.
We are all broken by something. We have all hurt someone and have been hurt. We all share the condition of brokenness even if our brokenness is not equivalent. The ways in which I have been hurt - and have hurt others - are different from the ways Jimmy Dill suffered and caused suffering. But our shared brokenness connected us.
Thomas Merton said: We are bodies of broken bones. I guess I'd always known but never fully considered that being broken is what makes us human. We all have our reasons. Sometimes we're fractured by the choices we make; sometimes we're shattered by things we would never have chosen. But our brokenness is also the source of our common humanity, the basis for our shared search for comfort, meaning, and healing. Our shared vulnerability and imperfection nurtures and sustains our capacity for compassion.
We have a choice. We can embrace our humanness, which means embracing our broken natures and the compassion that remains our best hope for healing. Or we can deny our brokenness, forswear compassion, and, as a result, deny our own humanity.
I thought of the guards strapping Jimmy Dill to the gurney that very hour. I thought of the people who would cheer his death and see it as some kind of victory. I realized they were broken people, too, even if they would never admit it. So many of us have become afraid and angry. We've become so fearful and vengeful that we've thrown away children, discarded the disabled, and sanctioned the imprisonment of the sick and the weak - not because they are a threat to public safety or beyond rehabilitation but because we think it makes us seem tough, less broken. I thought of the victims of violent crime and the survivors of murdered loved ones, and how we've pressured them to recycle their pain and anguish and give it back to the offenders we prosecute. I thought of the many ways we've legalized vengeful and cruel punishments, how we've allowed our victimization to justify the victimization of others. We've submitted to the harsh instinct to crush those among us whose brokenness is most visible.
But simply punishing the broken - walking away from them or hiding them from sight - only ensures that they remain broken and we do, too. There is no wholeness outside of our reciprocal humanity.
I frequently had difficult conversations with clients who were struggling and despairing over their situations - over the things they'd done, or had been done to them, that had led them to painful moments. Whenever things got really bad, and they were questioning the value of their lives, I would remind them that each of us is more than the worst thing we've ever done. I told them that if someone tells a lie, that person is not just a liar. If you take something that doesn't belong to you, you are not just a thief. Even if you kill someone, you're not just a killer. I told myself that evening what I had been telling my clients for years. I am more than broken. In fact, there is a strength, a power even, in understanding brokenness, because embracing our brokenness creates a need and desire for mercy, and perhaps a corresponding need to show mercy. When you experience mercy, you learn things that are hard to learn otherwise. You see things that you can't otherwise see; you hear things you can't otherwise hear. You begin to recognize the humanity that resides in each of us.
”
”
Bryan Stevenson (Just Mercy)
“
During voir dire, the interviews for jury selection, each person is asked under oath about their experience with the criminal justice system, as defendant or victim, but usually not even the most elementary effort is made to corroborate those claims. One ADA [Associate District Attorney] told me about inheriting a murder case, after the first jury deadlocked. He checked the raps for the jurors and found that four had criminal records. None of those jurors were prosecuted. Nor was it policy to prosecute defense witnesses who were demonstrably lying--by providing false alibis, for example--because, as another ADA told me, if they win the case, they don't bother, and if they lose, "it looks like sour grapes." A cop told me about a brawl at court one day, when he saw court officers tackle a man who tried to escape from the Grand Jury. An undercover was testifying about a buy when the juror recognized him as someone he had sold to. Another cop told me about locking up a woman for buying crack, who begged for a Desk Appearance Ticket, because she had to get back to court, for jury duty--she was the forewoman on a Narcotics case, of course. The worst part about these stories is that when I told them to various ADAs, none were at all surprised; most of those I'd worked with I respected, but the institutionalized expectations were abysmal. They were too used to losing and it showed in how they played the game.
”
”
Edward Conlon (Blue Blood by Conlon, Edward (2004) Paperback)
“
Where are your free and compulsory schools? Does every one know how to read in the land of Dante and of Michael Angelo? Have you made public schools of your barracks? Have you not, like ourselves, an opulent war-budget and a paltry budget of education? Have not you also that passive obedience which is so easily converted into soldierly obedience? military establishment which pushes the regulations to the extreme of firing upon Garibaldi; that is to say, upon the living honor of Italy? Let us subject your social order to examination, let us take it where it stands and as it stands, let us view its flagrant offences, show me the woman and the child. It is by the amount of protection with which these two feeble creatures are surrounded that the degree of civilization is to be measured. Is prostitution less heartrending in Naples than in Paris? What is the amount of justice springs from your tribunals? Do you chance to be so fortunate as to be ignorant of the meaning of those gloomy words: public prosecution, legal infamy, prison, the scaffold, the executioner, the death penalty? Italians, with you as with us, Beccaria is dead and Farinace is alive. And then, let us scrutinize your state reasons. Have you a government which comprehends the identity of morality and politics? You have reached the point where you grant amnesty to heroes! Something very similar has been done in France. Stay, let us pass miseries in review, let each one contribute in his pile, you are as rich as we. Have you not, like ourselves, two condemnations, religious condemnation pronounced by the priest, and social condemnation decreed by the judge? Oh, great nation of Italy, thou resemblest the great nation of France! Alas! our brothers, you are, like ourselves, Misérables.
”
”
Victor Hugo
“
The chief care of the legislators [in the colonies of New England] was the maintenance of orderly conduct and good morals in the community: thus they constantly invaded the domain of conscience, and there was scarcely a sin which was no subject to magisterial censure. The reader is aware of the rigor with which these laws punished rape and adultery; intercourse between unmarried persons was likewise severely repressed. The judge was empowered to inflict either a pecuniary penalty, a whipping, or marriage, on the misdemeanants; and if the records of the old courts of New Haven may be believed, prosecutions of this kind were not unfrequent. We find a sentence, bearing date the 1st of May, 1660, inflicting a fine and reprimand on a young woman who was accused of using improper language, and of allowing herself to be kissed. The Code of 1650 abounds in preventive measures. It punishes idleness and drunkenness with severity. Innkeepers were forbidden to furnish more than certain quantities of liquor to each customer; and simple lying, whenever it may be injurious, is checked by a fine or a flogging. In other places, the legislator, entirely forgetting the great principles of religious toleration which he had himself demanded in Europe, makes attendance on divine service compulsory, and goes so far as to visit with severe punishment, and even with death, Christians who choose to worship God according to a ritual differing from his own. Sometimes, indeed, the zeal for regulation induces him to descend to the most frivolous particulars: thus a law is to be found in the same code which prohibits the use of tobacco. It must not be forgotten that these fantastical and vexatious laws were not imposed by authority, but that they were freely voted by all the persons interested in them, and that the manners of the community were even more austere and puritanical than the laws....
These errors are no doubt discreditable to human reason; they attest the inferiority of our nature, which is incapable of laying firm hold upon what is true and just, and is often reduced to the alternative of two excesses. In strict connection with this penal legislation, which bears such striking marks of a narrow, sectarian spirit, and of those religious passions which had been warmed by persecution and were still fermenting among the people, a body of political laws is to be found, which, though written two hundred years ago, is still in advance of the liberties of our own age.
”
”
Alexis de Tocqueville (Democracy in America)
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A system of justice does not need to pursue retribution. If the purpose of drug sentencing is to prevent harm, all we need to do is decide what to do with people who pose a genuine risk to society or cause tangible harm. There are perfectly rational ways of doing this; in fact, most societies already pursue such policies with respect to alcohol: we leave people free to drink and get inebriated, but set limits on where and when. In general, we prosecute drunk drivers, not inebriated pedestrians.
In this sense, the justice system is in many respects a battleground between moral ideas and evidence concerning how to most effectively promote both individual and societal interests, liberty, health, happiness and wellbeing. Severely compromising this system, insofar as it serves to further these ideals, is our vacillation or obsession with moral responsibility, which is, in the broadest sense, an attempt to isolate the subjective element of human choice, an exercise that all too readily deteriorates into blaming and scapegoating without providing effective solutions to the actual problem. The problem with the question of moral responsibility is that it is inherently subjective and involves conjecture about an individuals’ state of mind, awareness and ability to act that can rarely if ever be proved. Thus it involves precisely the same type of conjecture that characterizes superstitious notions of possession and the influence of the devil and provides no effective means of managing conduct: the individual convicted for an offence or crime considered morally wrong is convicted based on a series of hypotheses and probabilities and not necessarily because he or she is actually morally wrong. The fairness and effectiveness of a system of justice based on such hypotheses is highly questionable particularly as a basis for preventing or reducing drug use related harm. For example, with respect to drugs, the system quite obviously fails as a deterrent and the system is not organised to ‘reform’ the offender much less to ensure that he or she has ‘learned a lesson’; moreover, the offender does not get an opportunity to make amends or even have a conversation with the alleged victim. In the case of retributive justice, the justice system is effectively mopping up after the fact. In other words, as far as deterrence is concerned, the entire exercise of justice becomes an exercise based on faith, rather than one based on evidence.
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Daniel Waterman (Entheogens, Society and Law: The Politics of Consciousness, Autonomy and Responsibility)