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
The risk of racial prejudice infecting a capital sentencing proceeding is especially serious in light of the complete finality of the death sentence.
Interpretation
Racial bias can severely impact death penalty decisions, highlighting the irreversible consequences of such judgments.
Byron White emphasizes the grave danger that racial prejudice poses in capital sentencing. Given that a death sentence is irreversible, the potential for bias calls into question the integrity and fairness of these proceedings, making it crucial to address and eliminate such prejudices within the judicial system.
In practice
During a discussion on criminal justice reform, this quote can highlight the need for sensitivity to racial issues.
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.
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.
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 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.
Mass incarceration is the most pressing racial justice issue of our time.
Mere access to the courthouse doors does not by itself assure a proper functioning of the adversary process.
Because the Illinois death penalty system is arbitrary and capricious - and therefore immoral - I no longer shall tinker with the machinery of death.
The opposite of poverty is not wealth. I don't believe that. I actually think, in too many places, the opposite of poverty is justice.
All the rights secured to the citizens under the Constitution are worth nothing, and a mere bubble, except guaranteed to them by an independent and virtuous Judiciary.
If you don't like affirmative action, what is your plan to guarantee a level playing field of opportunity?
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