A Quote by Cesare Beccaria
For every criminal case, the judge must construct a perfect syllogism: the major premise must be the general law; the minor premise, whether or not the action in question is in compliance with the law; and the conclusion, acquittal or punishment.
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For every crime that comes before him, a judge is required to complete a perfect syllogism in which the major premise must be the general law; the minor, the action that conforms or does not conform to the law; and the conclusion, acquittal or punishment. If the judge were constrained, or if he desired to frame even a single additional syllogism, the door would thereby be opened to uncertainty.
Logic, n. The art of thinking and reasoning in strict accordance with the limitations and incapacities of the human misunderstanding. The basic of logic is the syllogism, consisting of a major and a minor premise and a conclusion - thus: Major Premise: Sixty men can do a piece of work sixty times as quickly as one man. Minor Premise: One man can dig a post-hole in sixty seconds; Therefore- Conclusion: Sixty men can dig a post-hole in one second. This may be called syllogism arithmetical, in which, by combining logic and mathematics, we obtain a double certainty and are twice blessed.
Everything has a purpose or premise. Every second of our life has its own premise, whether or not we are conscious of it at the time. That premise may be as simple as breathing or as complex as a vital emotional decision, but it is always there.
I am sure from my experience of juries that, in a criminal case especially, they will obey the law as declared by the Judge; they will take the law from the Judge, whether they like it or do not like it, and apply it honestly to the facts before them.
People must be confident that a judge's decisions are determined by the law and only the law. He must be faithful to the Constitution and statutes passed by Congress. Fidelity to the Constitution and the law has been the cornerstone of my life and the hallmark of the kind of judge I have tried to be.
If the world had two gods, it would surely go to ruin-this is the first premise. Now it is known that it has not gone to ruin-this is the second premise. From these premises the conclusion must of necessity follow, that is, the denial of two gods.
It is a fundamental principle of criminal law that an imputed offense must correspond exactly to the type of crime described by law. If no law applies exactly to the point in question, then there is no offense.
In the strict formulation of the law of causality—if we know the present, we can calculate the future—it is not the conclusion that is wrong but the premise.
On an implication of the uncertainty principle.
But for their right to judge of the law, and the justice of the law, juries would be no protection to an accused person, even as to matters of fact; for, if the government can dictate to a jury any law whatever, in a criminal case, it can certainly dictate to them the laws of evidence.
Thus, if there exists a law which sanctions slavery or monopoly, oppression or robbery, in any form whatever, it must not even be mentioned. For how can it be mentioned without damaging the respect which it inspires? Still further, morality and political economy must be taught from the point of view of this law; from the supposition that it must be a just law merely because it is a law. Another effect of this tragic perversion of the law is that it gives an exaggerated importance to political passions and conflicts, and to politics in general.
Law-abiding Americans deserve to know that their government will not secretly tap their phones, read their medical records, access their library accounts or otherwise invade their personal lives, with no oversight or accountability. Law-abiding Americans also deserve to know that when law enforcement can show an impartial judge clear evidence of criminal activity or a threat to national security, swift and decisive action will be taken to protect the public. That is the balance we must achieve.
Criminal law has to do with relations between the misbehaving individual and his government...Criminal law establishes rules of conduct; their breach, if prosecuted and conviction follows, results in punishment.
Every man must be taken to be cognizant of the law, otherwise there is no saying to what extent the excuse of ignorance may not be Law carried. It would be urged in almost every case.
A judge must be independent and must interpret the law, not make the law.
I certainly would not vote against a particular judge already in office because of a decision in a case. You may not agree with a judge's decision, but the judge must act within the law.
Typically, when you're with your friends, premises are coming up left and right. But when you're on stage, you must create the premise. So you have to create the premise, paint the picture and then deliver the punch line.
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