it is not a suicide pact.” But it is precisely during times of crisis—when the balance between momentary expediency and enduring safeguards often goes askew—that courts can perform their most critical function: to preserve or restore a sense of perspective.
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Chief Justice Earl Warren had written in Trop v. Dulles (1958) that “whatever the arguments may be against capital punishment
suggesting that if even the liberal chief justice believed that the death penalty was constitutional
but Justice Brennan did not want to look at it then. He asked me to describe the results of my research to him
without making any promise that he would join any action by Justice Goldberg. Several weeks later
but this time the stakes were much higher. I answered the Justice’s question:
rather than because [I] had any real sense that justice in some way had gone astray.”
who should understand that our adversary system of justice requires that all convicted defendants be accorded a zealous appeal.
…nical” may say that “under a program such as Harvard’s one may accomplish covertly what Davis concedes it does openly.” Justice Powell nowhere disputed this. His answer seems to be that even if both programs produce the same result
Justice O’Connor issued a statement regretting that it has been “used in a political debate
complete with suffering and justice denied. All this permanent
available at http ://www.justice.gov/ criminal/fraud/ fcpa/
about his determination to seek justice in
state and federal justice systems were firmly committed to the principle that prosecution is an
he did so in the context of a late eighteenth century justice system in which private prosecutions