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Warren E. Burger

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For some disputes, trials will be the only means, but for many claims, trial by adversarial contest must go the way of the ancient trial by battle and blood. Our system is too costly, too painful, too destructive, too inefficient for a truly civilized people.
--
Annual address to the America Bar Association winter convention, Los Vegas (February 12, 1984).

 
Warren E. Burger

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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.

 
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It is a trial within a nation but a trial of victors against the vanquished. Even before the trials started, the victors who are our judges were quite convinced that we were guilty and that we should all pay the price.

 
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I am not on trial here, Mr. Chairman. This committee is on trial here before the American people. Let us get that straight.

 
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