Jean de la Bruyere Quotes
A guilty man is punished as an example for the mob; an innocent man convicted is the business of every honest citizen.
La Bruyère, Jean de. The Characters of Jean de La Bruyère. Translated by Henri Van Laun, John C. Nimmo, 1885, p. 433.
Prosecutors, even ones who are frequent lawbreakers themselves violating defendant's rights or illegally manipulating trials, are reluctant to be officially found to have done so. Many politicians start their political careers as prosecutors and then rise to higher office. If it is officially found that they had abused a defendant and violated the law, it can be detrimental to their careers. So in many states, they have placed barriers making it much harder for an improperly convicted person to even get a court hearing. The cost to society however is that they are never accountable, and people have been wrongly imprisoned and cannot even get a hearing to prove that they were the victims of official misconduct. The rationale for these rules that prevent victims from obtaining fairness and justice is finality—the concept that there should be some end to the process of appeals so justice can be said to have been done. It prevents a kind of closure for many of the victims of crimes and their families if the guilty perpetrator is constantly appealing or can do so.
This quotation is a great example of the difficulty of deciding some of the major Constitutional issues. Most reasonable people believe that Rehnquist certainly has a point. On the other hand, critics observe that this quotation essentially says that it is OK to convict an innocent person if it cost too much or be too much trouble to do so. Reasonable people would also agree that this objection has much merit also. So the judicial system is stuck with deciding when the cost or trouble is too much. There will never, can never, be a clear cut answer.
Jean de La Bruyère was a French philosopher and moralist, who was noted for his satire.
