Where the suspect poses no immediate threat to the officer and no threat to others, the harm resulting from the failing to apprehend him does not justify the use of deadly force to do so.
Byron WhiteRead
To exclude all jurors who would be in the slightest way effected by the prospect of the death penalty would be to deprive the defendant of the impartial jury to which he or she is entitled under the law.
Interpretation
An impartial jury is essential for ensuring a fair trial, even if some jurors have opinions about the death penalty.
This quote emphasizes the importance of having a jury that can remain impartial regardless of their feelings about capital punishment. Excluding jurors based on their beliefs about the death penalty would compromise the fairness of the trial, denying the defendant their right to an unbiased jury, which is a fundamental principle of justice system.
In practice
This quote can be used in a legal discussion about the fairness of capital trials.
Where the suspect poses no immediate threat to the officer and no threat to others, the harm resulting from the failing to apprehend him does not justify the use of deadly force to do so.
The law is constantly based on notions of morality, and if all laws representing essentially moral choices are to be invalidated under the due process clause, the courts will be very busy indeed.
The risk of racial prejudice infecting a capital sentencing proceeding is especially serious in light of the complete finality of the death sentence.
The Court is most vulnerable and comes nearest to illegitimacy when it deals with judge-made constitutional law having little or no cognizable roots in the language or design of the Constitution.
A right to jury trial is granted to criminal defendants in order to prevent oppression by the Government.
Sports constantly make demands on the participant for top performance, and they develop integrity, self-reliance and initiative. They teach you a lot about working in groups, without being unduly submerged in the group.
The jury system has come to stand for all we mean by English justice. The scrutiny of 12 honest jurors provides defendants and plaintiffs alike a safeguard from arbitrary perversion of the law.
So much of America's tragic and costly failure to care for all its children stems from our tendency to distinguish between our own children and other people's children--as if justice were divisible.
We refuse to believe that the bank of justice is bankrupt.
People who are well represented at trial do not get the death penalty.
Justice is not to be taken by storm. She is to be wooed by slow advances.
With abolition, it's necessary to destroy systems of oppression. But it's equally necessary to put at the forefront our conversations about creation. When we fight for justice, what exactly do we want for our communities?
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