Justice System Quotes
There was, and still is in some parts of the world, this belief taht one of the main reasons for capital punioshment with visible and public executions was to deter others from comitting crimes by seeing the example of what happens to the transgressors. For these people, exemplified by this quotation of Dr. Johnson's, public executions are crime prevention. This notion tirned out to have been a fallacy. In England they found that during every public hanging, skilled pickpockets would steal from the onlookers who were tranfixed on the macabre secene--this despite the fact that pickpocketing was a hanging offence.
In 1862 after a Sioux uprising, a U. S. military commission condemned 303 Indians to death. The President personally reviewed the records of each case and pardoned most. On December 26, 1862 the largest public execution in American history took place with 38 Indians hanged. Lincoln's decision to commute most of the sentences was not politically popular and in the 1864 election the Republican vote margin in Minnesota was smaller than before. Minnesota Senator Alexander Ramsey told Lincoln that he should have hanged more Indians and obtained a bigger majority.
A case of systemic racial discrimination against a Bank of America subsidiary which she had initiated in 2008 had been resolved by the Bank paying over $200 million to the victims.
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.
See also James Mathew for the analogy of British justice and the Ritz Hotel.