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[I] believe that our people’s traditional belief in the right of trial by jury is in perilous decline. That decline is bound to be confirmed, and indeed accelerated, by the repeated spectacle of a man’s going to his death because a judge found that an aggravating factor existed. We cannot preserve our veneration for the protection of the jury in criminal cases if we render ourselves callous to the need for that protection by regularly imposing the death penalty without it.
--
Ring v. Arizona (concurring).

 

Antonin Scalia

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I disagreed with the grand jury on [Tawana] Brawley. I believed there was enough evidence to go to trial. The grand jury said there wasn’t. OK, fine. Do I have a right to disagree with the grand jury? Many Americans believe O.J. Simpson was guilty. A jury said he wasn’t. So I have as much right to question a jury as they do. Does it make somebody a racist? No! They just disagreed with the jury. So did I.

 

Al Sharpton

 

The trial of Jesus of Nazareth, the trial and rehabilitation of Joan of Arc, any one of the witchcraft trials in Salem during 1691, the Moscow trials of 1937 during which Stalin destroyed all of the founders of the 1924 Soviet Revolution, the Sacco-Vanzetti trial of 1920 through 1927 — there are many trials such as these in which the victim was already condemned to death before the trial took place, and it took place only to cover up the real meaning: the accused was to be put to death. These are trials in which the judge, the counsel, the jury, and the witnesses are the criminals, not the accused. For any believer in capital punishment, the fear of an honest mistake on the part of all concerned is cited as the main argument against the final terrible decision to carry out the death sentence. There is the frightful possibility in all such trials as these that the judgment has already been pronounced and the trial is just a mask for murder.

 

Katherine Anne Porter

 

To me, capital punishment is a form of societal self-defense. It should not be employed indiscriminately, but in cases of the most heinous crimes, the death penalty may be the only appropriate punishment. Some people believe it is right to take a life to save the life of someone else, but they would not vote to take the life of a convicted criminal, no matter how horrible the crime. Others believe that killing another person for any reason is simply wrong. I respect those opinions, but I disagree with them. I'm convinced that government has a duty to promote community defense. The death penalty, when applied in appropriate cases, can be a strong deterrent to crime. It is certainly a deterrent to the convicted criminal sentenced to death, and it is also a deterrent to other potential capital offenders.

 

John Ashcroft

 

You might however consider whether you should not unfold as a background the great privilege of habeas corpus and trial by jury, which are the supreme protection invented by the English people for ordinary individuals against the state. The power of the Executive to cast a man in prison without formulating any charge known to the law, and particularly to deny him the judgment of his peers is in the highest degree odious and is the foundation of all totalitarian government, whether Nazi or Communist.

 

Winston Churchill

 

The horrid cruelties and outrages that once and a while find their way into the papers — such cases as Prue's, for example — what do they come from? In many cases, it is a gradual hardening process on both sides — the owner growing more and more cruel, as the servant more and more callous. Whipping and abuse are like laudanum; you have to double the dose as the sensibilities decline.

 

Harriet Beecher Stowe