Oliver Wendell Holmes Jr. Quotes
Whatever disagreement there may be as to the scope of the phrase "due process of law" there can be no doubt that it embraces the fundamental conception of a fair trial, with opportunity to be heard.
United States, Supreme Court. Frank v. Mangum. 237 U.S. 309. 19 Apr. 1915.
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.
He was discussing the military criminal cases ongoing regarding the mistreatment of Iraqi detainees.
Oliver Wendell Holmes Jr. was an American jurist who served as an Associate Justice of the Supreme Court of the United States from 1902 to 1932. Noted for his long service, concise and pithy opinions, and deference to the decisions of elected legislatures, he is one of the most widely cited United States Supreme Court justices in history, particularly for opinions on civil liberties and American constitutional democracy, and is one of the most influential American common law judges, honored during his lifetime in Great Britain as well as the United States. Holmes retired from the court at the age of 90, an unbeaten record for oldest justice in the federal Supreme Court (although John Paul Stevens was only 8 months younger when he retired on April 12, 2010). He previously served as an Associate Justice and as Chief Justice of the Massachusetts Supreme Judicial Court, and was Weld Professor of Law at his alma mater, Harvard Law School.
