Zephyr Teachout Quotes
Creating systems where people feel like they're being punished for things they didn't do wrong breaks all kinds of trust and makes people feel like they're not being treated with dignity.
Prosecutors, even ones who are frequent lawbreakers themselves violating defendant's rights or illegally manipulating trials, are reluctant to be officially found to have done so. Many politicians start their political careers as prosecutors and then rise to higher office. If it is officially found that they had abused a defendant and violated the law, it can be detrimental to their careers. So in many states, they have placed barriers making it much harder for an improperly convicted person to even get a court hearing. The cost to society however is that they are never accountable, and people have been wrongly imprisoned and cannot even get a hearing to prove that they were the victims of official misconduct. The rationale for these rules that prevent victims from obtaining fairness and justice is finality—the concept that there should be some end to the process of appeals so justice can be said to have been done. It prevents a kind of closure for many of the victims of crimes and their families if the guilty perpetrator is constantly appealing or can do so.
See François de La Rochefoucauld for a later version of this sentiment. Quintus Horatius Flaccus
There is a constant tension between swift justice and due process. Some say that “justice delayed is justice denied” but at the same time the worst injustice is to rush to judgment and convict the wrong person or fail to convict the perpetrator because the prosecution was insufficiently prepared. Both are major problems of our criminal justice system.
Zephyr Rain Teachout is an American attorney, author, political candidate, and associate professor of law at Fordham University.
