A Quote by Jack Kevorkian
This is not a trial. This is a lynching. There is no law.
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There was a lynching case as late as 2011, so it's not as far away as we think. I think persecution by powerful structures, on a people who are marginalized, is not new. The idea of lynching is well known, and the way we present it in the play makes the lynching somewhat of a relief, compared to the barbaric treatment they were receiving as sharecroppers.
The United States and the European Union do want to have a rule of law, and that rule of law should be for a fair trial. And that fair trial needs to have an impartial jury.
You know, I am against lynching and lynching is a tendency of the people.
This crusade is much more important than the anti- lynching movement, because there would be no lynching if it did not start in the schoolroom.
Thus lynch law held sway in the far West until civilization spread into the Territories and the orderly processes of law took its place. The emergency no longer existing, lynching gradually disappeared from the West.
Whether my acting was obscene, or whether it was distasteful, well, Judge Rehnquist, who just recently passed away couldn't define pornography. His comment on pornography was, "I may not be able to define it but I know it when I see it." That's not law. That's definitely not law. Really, this trial should have been an organized crime trial. About murder and tax evasion and brutalizing people. Not about obscenity.
The second trial was a fair trial. I do not call it a second trial. I call it a fair trial, as opposed to the first trial, which was an unfair trial, a Roman holiday.
I think there is a contempt for the human dignity of people who were enslaved. You couldn't see them as fully human and so you didn't respect their desire to be connected to a family and a place. That was the only way you could tolerate and make sense of lynching and the terror that lynching represented.
It may be true that the law cannot make a man love me, but it can keep him from lynching me, and I think that's pretty important.
Cross-examination is beyond any doubt the greatest legal engine ever invented for the discovery of truth. ... Cross-examination, not trial by jury, is the great and permanent contribution of the Anglo-American system of law to improved methods of trial-procedure.
Every lynching deprives its victim of his life without due process of law, and denies him an equal protection of the law. The States are charged with punishing all such invasions as the common rights of the citizens, but some of them have failed in their effort to do so, and others have not honestly tried. Meanwhile, lynchings continue, and though they do not increase in number, they show some tendency to increase in savagery.
The trial by jury might safely be introduced into a despotic government, if the jury were to exercise no right of judging of the law, or the justice of the law.
We are a democracy and we don't believe in just hunting down gangsters and killing them. We believe in trying to find the gangsters and bring them back for trial, and give them a trial under rule of law. That's what democracies do.
[T]he guilty as well as the innocent are entitled to due process of law. They are entitled to a fair trial. They are entitled to counsel. They are entitled to fair treatment from the police. The law enforcement officer has the same duty as the citizen-indeed, he has a higher duty-to abide by the letter and spirit of our Constitution and laws. You yourselves must be careful to obey the letter of the law. You yourselves must be intellectually honest in the enforcement of the law.
There was an interesting development in the CBS-Westmoreland trial:
both sides agreed that after the trial, Andy Rooney would be allowed to
talk to the jury for three minutes about little things that annoyed him
during the trial.
Law and justice are from time to time inevitably in conflict ... . The jury ... adjusts the general rule of law to the justice to the particular case. Thus the odium of inflexible rules of law is avoided, and popular satisfaction is preserved ... That is what jury trial does. It supplies that flexibility of legal rules which is essential to justice and popular contentment.
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