[W]e cannot hold that it is unconstitutional for the State to extend a benefit to a defendant who, in turn, extends a substantial benefit to the State and who demonstrates by his plea that he is ready and willing to admit his crime and to enter the correctional system in a frame of mind that affords hope for success in rehabilitation over a shorter period of time than might otherwise be necessary.
To entitle a plaintiff to maintain an action, it is necessary to shew a breach of some legal duty due from the defendant to the plaintiff.C. J. Erie
It is not enough that we have a guilty defendant. We must have an innocent system as well.john ashcroft
But you begin to feel as you go on working that unless painting proves its right to exist by being critical and self-judging, it has no reason to exist at all - or is not even possible. The canvas is a court where the artist is prosecutor, defendant, jury and judge. Art without a trial disappears at a glance.phillip guston
It's perfectly understandable and proper for one to be anti-Semite, but to exterminate women and children is so extraordinary, it's hard to believe. No defendant here wanted that.julius streicher
Judges and prosecutors, lawyers and psychiatrists, all protest their passionate desire to know why a person accused of a crime did what he did. But their actions completely belie their words: their efforts are now directed toward letting everyone speak in court but the defendant himself -- especially if he is accused of a political or psychiatric crime.thomas szasz
The defendant in this case has attacked certain beliefs, thought by the Christian world to be sacred. Yet, after all, nothing is sacred but the truth, and by truth I mean what a man sincerely and honestly believes.Robert Ingersoll
There is no difference between civil and criminal cases as to evidence; whatever is proper evidence in one case is in the other. With respect to criminal cases, if there is any doubt, one would lean in favour of a defendant, for the reason mentioned by my lord yesterday, because that is not to be set right afterwards.
God forbid that the defendant should not be allowed the benefit of every advantage he is entitled to by law.
In all cases whatever it is usual for either plaintiff or defendant to speak by their counsel. You are assisted by a most able counsel, and you would not be guilty of any impropriety if what you wish to offer to the Court were first suggested to him, for he would then determine of the propriety of suggesting it to the Court.
I know of no case where by implication of law the duty of clearing himself from an imputed fraud rests on the defendant.
There are slave-drivers quietly whipped underground, There bookbinders, done up in boards, are fast bound, There card-players wait till the last trump be played, There all the choice spirits get finally laid, There the babe that's unborn is supplied with a berth, There men without legs get their six feet of earth, There lawyers repose, each wrapped up in his case, There seekers of office are sure of a place, There defendant and plaintiff get equally cast, There shoemakers quietly stick to the last.james russell lowell
The suicide bomber is an explosion of a contradiction in its paradox, victim and victimizer, yin and yang, two sides of the coin, fire bomb and fire extinguisher, prosecutor and defendant, hangman and hanged.
Where a real ground is laid, the Court will take care that justice is done to the defendant as well as to the plaintiff.
I do not think I ought to allow an amendment for the mere purpose of enabling the defendant to raise a purely technical objection to the plaintiff's title to sue.
It is not agreeable to any man to be a defendant to an adverse Chancery suit, and I should be very sorry to sanction any principle which might lead to an increase in the number of defendants, and to the multiplication of litigant parties.
Now, in deciding whether discovery ought to be given, we must first consider whether it will help the plaintiff at the trial. If it will not, but will only be of use if the plaintiff obtains a decree, then ... we consider whether it is fair that the defendant should be obliged to give it at this stage of the proceedings, or whether to compel him to give it would be oppressive.
The Court is always unwilling before the right to relief is established to make an order for discovery which may be injurious to the defendant, and will only be useful to the plaintiff if he succeeds in establishing his title to relief.
My judgment ought to be given for the plaintiff:;: but my brothers are all of another opinion, and so I submit to it. The defendant must have his judgment.
I have been reminded that I sit here as counsel for the defendant. I certainly do so, so far as to interpose between him and the counsel for the prosecution, and to see that no improper use of the law is made against him, and that no improper evidence is given to the jury: but the Judge has another task to perform, which is that of assisting the jury in the administration of justice.
Very unequal would that interpretation be, which would construe the same words for the plaintiff according to the real substantial truth of the thing, in opposition to legal forms; and against the defendant according to legal notions and forms, contrary to real truth, more especially when the law, from the nature of it, ought to be taken liberally in favour of defendants.
Le direction del Judge in civil pleas doit estre hypothetic, si le fait soil trove tiel, donque pur le plaintiff ou defendant, mes ne ungues positive ou coercive, ne le jury finable : The direction of the Judge in civil pleas ought to be hypothetick, if the fact be found such, then for the plaintiff or defendant, but never positive or coercive, nor is the jury finable.
It is unconscionable in a defendant, to take advantage of the apices litigandi, to turn a plaintiff round, and make him pay costs where his demand is just. Against such objections every possible presumption ought to be made, which ingenuity can suggest. How disgraceful then would it be to the administration of justice to allow Chicane to obstruct Bight; by the help of a legal fiction contrary to the help of the fact!
The difficulty which I feel as a Judge, and always felt at the Bar, is this: a defendant is entitled to put his back against the wall and to fight from every available point of advantage.
When the Court see reason to suspect that justice has not been done to any particular defendant, they will in their discretion direct a further enquiry into the merits of the cause.william henry ashurst
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