Our whole constitutional heritage rebels at the thought of giving government the power to control men's minds.
Thurgood MarshallRead
Mere access to the courthouse doors does not by itself assure a proper functioning of the adversary process.
Interpretation
Access to the legal system alone does not guarantee fairness or justice in disputes.
Thurgood Marshall's quote highlights that simply providing people the ability to enter a courthouse does not ensure that they will receive a fair trial or that the processes of justice will work effectively. It points to the importance of equality, representation, and the quality of legal processes, suggesting that systemic issues must be addressed for justice to be truly served.
In practice
This quote can be used in discussions on legal reform.
Our whole constitutional heritage rebels at the thought of giving government the power to control men's minds.
The United States has been called the melting pot of the world. But it seems to me that the colored man either missed getting into the pot or he got melted down.
I cannot accept this invitation [to celebrate the bicentenial of the Constitution], for I do not believe that the meaning of the Constitution was forever 'fixed' at the Philadelphia Convention... To the contrary, the government they devised was defective from the start. [Progressive]
When in Gregg v. Georgia the Supreme Court gave its seal of approval to capital punishment, this endorsement was premised on the promise that capital punishment would be administered with fairness and justice. Instead, the promise has become a cruel and empty mockery. If not remedied, the scandalous state of our present system of capital punishment will cast a pall of shame over our society for years to come. We cannot let it continue.
If the First Amendment means anything, it means that a state has no business telling a man, sitting alone in his house, what books he may read or what films he may watch.
In recognizing the humanity of our fellow beings, we pay ourselves the highest tribute.
We treat Black and brown kids who can't vote yet, can't join the military, can't rent a car or even buy a lottery ticket - like adults in our criminal legal system. We deprive them of their joy and their youth. Children who deserve to live rich and abundant lives.
Where evil men would seek to perpetuate _x000D_ an unjust status quo, _x000D_ good men must seek to bring into being _x000D_ a real order of justice.
Justice is not cheap. Justice is not quick. It is not ever finally achieved.
One of the things that pains me is we have so tragically underestimated the trauma, the hardship we create in this country when we treat people unfairly, when we incarcerate them unfairly, when we condemn them unfairly.
The moral abhorrence of private prisons has been brought to our attention by courageous acts of investigative journalism, illuminating scholarship, and the work of activists who have decried the social stratification brought about by our prison systems.
For a lawyer to do less than his utmost is, I strongly feel, a betrayal of his client. Though in criminal trials one tends to focus on the defense attorney and his client the accused, the prosecutor is also a lawyer, and he too has a client: the People. And the People are equally entitled to their day in court, to a fair and impartial trial, and to justice.
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