William O. Douglas Quotes
The function of the prosecutor under the federal Constitution is not to tack as many skins of victims as possible against the wall. His function is to vindicate the rights of the people as expressed in the laws and give those accused of crime a fair trial.
Douglas, William O. Dissenting opinion. Donnelly v. DeChristoforo, 416 U.S. 637, Supreme Court of the US, 13 May 1974, p. 648.
He was one of the few “national security hawks” who was willing to place this issue in the public table. In the 21st Century, there were some Muslims living in Democratic countries who were or had just become radical Islamic extremist jihadist by religious belief and philosophy. Some would preach or advocate violence in terrorism against Democracy and the west. Many of these people with radical Islamic beliefs would give material aid and comfort to terrorists and some would themselves engage in terrorist activities themselves. When they did, it was too late to prevent tragedies. So there was this population of emotional and intellectual terrorists who could act on their beliefs at any moment. These are what Hayden referred to as the “not yet guilty”. Preventive detention could protect against serious terrorist attacks. But the legal system of virtually every democracy had no legal bases to incarcerate or move against anyone for his/her beliefs or speech. Criminal charges required action other than thoughts, beliefs or speech. But by waiting until there is terrorist action, the law enforcement authorities give up the ability to prevent the terrorist action. Some were advocating changes in this fundamental and traditional distinction of law enforcement.
William Orville Douglas was an American jurist and politician who served as an associate justice of the Supreme Court of the United States. Nominated by President Franklin D. Roosevelt, Douglas was confirmed at the age of 40, one of the youngest justices appointed to the court. His term, lasting 36 years and 211 days (1939–75), is the longest in the history of the Supreme Court. In 1975, Time magazine called Douglas "the most doctrinaire and committed civil libertarian ever to sit on the court."
