Massachusetts Bay Colony Quotes

This constitution was written 7 years before the national constitutional convention. It shows that there was concern about the separation of powers in United States even before the Constitution was drafted. See {616749} for an even clearer statement of the separation of powers principle. The national legislatures in Europe had commonly declared people traitors and in many cases incarcerated or executed them. This clause, effectively presaged the national constitution of 1787 where the Congress was prohibited from trying people for treason or anything else except impearchment.

In 1643 the Massachusetts Bay Colony wanted to dominate the region. Miantonomi, the Narragansett Indian Chief had a large well organized tribe who while friendly with the English were very independent. The Mohegan Indians, close allies of the colonists captured Miantonomi and turned him over to the Colony. Governor Winthrop’s actions have always been a disgrace to the justice of the Colony. Winthrop then turned him over to his traditional enemy, Chief Uncas, of the Mohawk to remove him from the boundaries of the Puritan Colony and then tomahawk Miantonomi to death. Winthrop actually sent several Puritan Englishmen to “see the execution for our more full satisfaction.” Among Miantonomi’s “evil” deeds was the fact that he gave Roger Williams, a religious and political dissenter from Winthrop’s Colony and religious “heretic”, a large tract of land (Providence) for his colony.

Note that in his very definition of a Petty Jury the right of the jury to ignore the judge's instructions in criminal matters wasa assumed--not some novel idea. Jury nullification has been a part of the American Criminal Justice System from the inception of the nation.

The problem that was facing the nation in the early 21st century was when we captured a terrorist, was he a combatant or was he accused by a personal enemy, and had he been tortured to say he was a terrorist. The issue grew more complicated when terrorist suspects were brought to American territory at Guantanamo Bay, and the Courts have always held that a foreigner on American soil had a right to have access to the Federal Courts just as Citizens do. Complicating the situation more was the fact that a few American citizens had joined the terrorists and were they entitled to a civilian trial as all other Americans were.

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.

It is unfortunately too common that people have been convicted and jailed because of misconduct of the police or prosecutors. Most criminal justice agencies in recent years have examined their methods and procedures and reforms are in progress. But there is still a human problem. For an example see Quote

It is surprising that these ideas would come from one of the most autocratic powerful monarch in the world at the time. However there were many very liberal influences on her from Europe. This set of proposals she even sent to Voltaire to get his feedback and criticism.

The conspirators in the assassination of Abraham Lincoln were tried, found guilty, sentenced and hanged by a military tribunal. Not everyone agreed that such a process was lawful or desirable. Bates believed also that the effect was to make martyrs of the conspirators.

Sealed under duress and later repudiated by the King with Papal assistance