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The system wasn't working, and I thought it was time to err on the side of a new model. What might work, I thought, was a system that promoted personal accountability, consistency, and certainty. Congress could say people who committed the same federal crime, under the same circumstances, were going to jail for the same amount of time. We could give judges a narrower set of sentencing guidelines to work with, and felons would be required to pay the same price. We'd be judging the crime, not the person.
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Joseph Biden (Joe)

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I knew that Jack needed a lot of help, and what he really needed was somebody who could spend a prodigious amount of time with him, every night, see him, live with him, live with him the way someone in A.A. lives with a drunk. ... I wasn't doing that. So when the crime occurred — because I'd just been hoping things would work out all right — when the crime occurred, I knew that I had a responsibility on that one.

 

Norman Mailer

 

The wage system has made people believe that what a man needs is work. This, of course, is absurd. What he needs is the goods produced by work, and the less work involved in making a given amount of goods, the better. But owing to our economic system, every economy in methods of production enables employers to dismiss some of their employees, and to cause destitution, where a better system would produce only an increase of wages or a diminution in the hours of work without any corresponding diminution of wages.

 

Bertrand Russell

 

Korematsu was born on our soil, of parents born in Japan. The Constitution makes him a citizen of the United States by nativity and a citizen of California by residence. No claim is made that he is not loyal to this country. There is no suggestion that apart from the matter involved here he is not law abiding and well disposed. Korematsu, however, has been convicted of an act not commonly a crime. It consists merely of being present in the state whereof he is a citizen, near the place where he was born, and where all his life he has lived.
A citizen's presence in this locality, however, was made a crime only if his parents were of Japanese birth. Had Korematsu been one of four - the others being, say, a German alien enemy, an Italian alien enemy, and a citizen of American-born ancestors, convicted of treason, but on parole - only Korematsu's presence would have violated the order. The difference between their innocence and his crime would result, not from anything he did, said, or thought, different than they, but only in that he was born of different racial stock.
Now, if any fundamental assumption underlies our system, it is that guilt is personal and not inheritable. Even if all of one's antecedents had been convicted of treason, the Constitution forbids its penalties to be visited upon him. But here is an attempt to make an otherwise innocent act a crime merely because this prisoner is the son of parents as to whom he had no choice, and belongs to a race from which there is no way to resign. If Congress in peace-time legislation should enact such a criminal law, I should suppose this Court would refuse to enforce it.

 

Robert H. Jackson

 

The legal system doesn't work. Or more accurately, it doesn't work for anyone except those with the most resources. Not because the system is corrupt. I don't think our legal system (at the federal level, at least) is at all corrupt. I mean simply because the costs of our legal system are so astonishingly high that justice can practically never be done.

 

Lawrence Lessig

 

What is a system? A system is a network of interdependent components that work together to try to accomplish the aim of the system. A system must have an aim. Without an aim, there is no system. The aim of the system must be clear to everyone in the system. The aim must include plans for the future. The aim is a value judgment. (We are of course talking here about a man-made system.)

 

W. Edwards Deming