Der Lebensschutz des potentiellen Opfers soll mehr wiegen als die Menschenwürde des potenziellen Täters.
Heribert PrantlTag: torture human-rights präventionsstaat criminal-law human-dignity
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Das Feindstrafrecht betrachtet sein Subjekt als Sphinx: halb Mensch, halb Tier.
Heribert PrantlTag: humanity human-rights criminal-law human-dignity feindstrafrecht
I believe [...] that while all human life is sacred there’s nothing wrong with the death penalty if you can trust the legal system implicitly, and that no one but a moron would ever trust the legal system.
Neil GaimanTag: justice legal-system death-penalty reasonable-doubt criminal-law justice-system
There is no client as scary as an innocent man."
J. Michael Haller, Criminal Defense Attorney, Los Angeles, 1962.
Tag: fear innocence justice risk guilt responsibility criminal-law attorneys justice-system clients
You know what my father said about innocent clients? ... He said the scariest client a lawyer will ever have is an innocent client. Because if you fuck up and he goes to prison, it'll scar you for life ... He said there is no in-between with an innocent client. No negotiation, no plea bargain, no middle ground. There's only one verdict. You have to put an NG up on the scoreboard. There's no other verdict but not guilty."
Levin nodded thoughtfully.
"The bottom line was my old man was a damn good lawyer and he didn't like having innocent clients," I said. "I'm not sure I do, either.
Tag: fear innocence justice risk guilt responsibility criminal-law attorneys justice-system
Well, did he do it?"
She always asked the irrelevant question. It didn't matter in terms of the strategy of the case whether the defendant "did it" or not. What mattered was the evidence against him -- the proof -- and if and how it could be neutralized. My job was to bury the proof, to color the proof a shade of gray. Gray was the color of reasonable doubt.
Tag: innocence justice guilt evidence defense reasonable-doubt criminal-law attorneys justice-system
In the criminal law [...] imprisonment should be resorted to only after the most anxious consideration.
Pius LangaTag: law human-rights south-africa imprisonment criminal-law constitutional-law south-african-criminal-law south-african-law
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