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prosecution  QUOTES

3 " There is no solution for Europe other than deepening the democratic values it invented. It does not need a geographical extension, absurdly drawn out to the ends of the Earth; what it needs is an intensification of its soul, a condensation of its strengths. It is one of the rare places on this planet where something absolutely unprecedented is happening, without its people even knowing it, so much do they take miracles for granted. Beyond imprecation and apology, we have to express our delighted amazement that we live on this continent and not another. Europe, the planet's moral compass, has sobered up after the intoxication of conquest and has acquired a sense of the fragility of human affairs. It has to rediscover its civilizing capabilities, not recover its taste for blood and carnage, chiefly for spiritual advances. But the spirit of penitence must not smother the spirit of resistance. Europe must cherish freedom as its most precious possession and teach it to schoolchildren. It must also celebrate the beauty of discord and divest itself of its sick allergy to confrontation, not be afraid to point out the enemy, and combine firmness with regard to governments and generosity with regard to peoples. In short, it must simply reconnect with the subversive richness of its ideas and the vitality of its founding principles.

Naturally, we will continue to speak the double language of fidelity and rupture, to oscillate between being a prosecutor and a defense lawyer. That is our mental hygiene: we are forced to be both the knife and the wound, the blade that cuts and the hand that heals. The first duty of a democracy is not to ruminate on old evils, it is to relentlessly denounce its present crimes and failures. This requires reciprocity, with everyone applying the same rule. We must have done with the blackmail of culpability, cease to sacrifice ourselves to our persecutors. A policy of friendship cannot be founded on the false principle: we take the opprobrium, you take the forgiveness. Once we have recognized any faults we have, then the prosecution must turn against the accusers and subject them to constant criticism as well. Let us cease to confuse the necessary evaluation of ourselves with moralizing masochism. There comes a time when remorse becomes a second offence that adds to the first without cancelling it. Let us inject in others a poison that has long gnawed away at us: shame. A little guilty conscience in Tehran, Riyadh, Karachi, Moscow, Beijing, Havana, Caracas, Algiers, Damascus, Yangon, Harare, and Khartoum, to mention them alone, would do these governments, and especially their people, a lot of good. The fines gift Europe could give the world would be to offer it the spirit of critical examination that it has conceived and that has saved it from so many perils. It is a poisoned gift, but one that is indispensable for the survival of humanity. "

Pascal Bruckner , The Tyranny of Guilt: An Essay on Western Masochism

5 " As mandatory reporting laws and community awareness drove an increase its child protection investigations throughout the 1980s, some children began to disclose premeditated, sadistic and organised abuse by their parents, relatives and other caregivers such as priests and teachers (Hechler 1988). Adults in psychotherapy described similar experiences. The dichotomies that had previously associated organised abuse with the dangerous, external ‘Other’ had been breached, and the incendiary debate that followed is an illustration of the depth of the collective desire to see them restored. Campbell (1988) noted the paradox that, whilst journalists and politicians often demand that the authorities respond more decisively in response to a ‘crisis’ of sexual abuse, the action that is taken is then subsequently construed as a ‘crisis’. There has been a particularly pronounced tendency of the public reception to allegations of organised abuse. The removal of children from their parents due to disclosures of organised abuse, the provision of mental health care to survivors of organised abuse, police investigations of allegations of organised abuse and the prosecution of alleged perpetrators of organised abuse have all generated their own controversies.
These were disagreements that were cloaked in the vocabulary of science and objectivity but nonetheless were played out in sensationalised fashion on primetime television, glossy news magazines and populist books, drawing textual analysis. The role of therapy and social work in the construction of testimony of abuse and trauma. in particular, has come under sustained postmodern attack. Frosh (2002) has suggested that therapeutic spaces provide children and adults with the rare opportunity to articulate experiences that are otherwise excluded from the dominant symbolic order. However, since the 1990s, post-modern and post-structural theory has often been deployed in ways that attempt to ‘manage’ from; afar the perturbing disclosures of abuse and trauma that arise in therapeutic spaces (Frosh 2002). Nowhere is this clearer than in relation to organised abuse, where the testimony of girls and women has been deconstructed as symptoms of cultural hysteria (Showalter 1997) and the colonisation of women’s minds by therapeutic discourse (Hacking 1995). However, behind words and discourse, ‘a real world and real lives do exist, howsoever we interpret, construct and recycle accounts of these by a variety of symbolic means’ (Stanley 1993: 214).
Summit (1994: 5) once described organised abuse as a ‘subject of smoke and mirrors’, observing the ways in which it has persistently defied conceptualisation or explanation. "

, Organised Sexual Abuse

9 " This mundus tenebrosus, this shaddowy world of Mankind, is sunk into Night; there is not a Field without its Spirits, nor a City without its Daemons, and the Lunaticks speak Prophesies while the Wise men fall into the Pitte. We are all in the Dark, one with another. And, as the Inke stains the Paper on which it is spilt and slowly spreads to Blot out the Characters, so the Contagion of darkness and malefaction grows apace until all becomes unrecognizable. Thus it was with the Witches who were tryed by Swimming not long before, since once the Prosecution had commenced no Stop could be put to the raving Women who came forward: the number of Afflicted and Accused began to encrease and, upon Examination, more confess'd themselves guilty of Crimes than were suspected of. And so it went, till the Evil revealed was so great that it threatened to bring all into Confusion.

And yet in the way of that Philosophie much cryed up in London and elsewhere, there are those like Sir Chris. who speak only of what is Rational and what is Demonstrated, of Propriety and Plainness. Religion Not Mysterious is their Motto, but if they would wish the Godhead to be Reasonable why was it that when Adam heard that Voice in the Garden he was afraid unto Death? The Mysteries must become easy and familiar, it is said, and it has now reached such a Pitch that there are those who wish to bring their mathematicall Calculations into Morality, viz. the Quantity of Publick Good produced by any Agent is a compound Ratio of his Benevolence and Abilities, and such like Excrement. They build Edifices which they call Systems by laying their Foundacions in the Air and, when they think they are come to sollid Ground, the Building disappears and the Architects tumble down from the Clowds. Men that are fixed upon matter, experiment, secondary causes and the like have forgot there is such a thing in the World which they cannot see nor touch nor measure: it is the Praecipice into which they will surely fall. "

Peter Ackroyd , Hawksmoor

10 " ..I began speaking.. First, I took issue with the media's characterization of the post-Katrina New Orleans as resembling the third world as its poor citizens clamored for a way out. I suggested that my experience in New Orleans working with the city's poorest people in the years before the storm had reflected the reality of third-world conditions in New Orleans, and that Katrina had not turned New Orleans into a third-world city but had only revealed it to the world as such. I explained that my work, running Reprieve, a charity that brought lawyers and volunteers to the Deep South from abroad to work on death penalty issues, had made it clear to me that much of the world had perceived this third-world reality, even if it was unnoticed by our own citizens.

To try answer Ryan's question, I attempted to use my own experience to explain that for many people in New Orleans, and in poor communities across the country, the government was merely an antagonist, a terrible landlord, a jailer, and a prosecutor. As a lawyer assigned to indigent people under sentence of death and paid with tax dollars, I explained the difficulty of working with clients who stand to be executed and who are provided my services by the state, not because they deserve them, but because the Constitution requires that certain appeals to be filed before these people can be killed. The state is providing my clients with my assistance, maybe the first real assistance they have ever received from the state, so that the state can kill them.

I explained my view that the country had grown complacent before Hurricane Katrina, believing that the civil rights struggle had been fought and won, as though having a national holiday for Martin Luther King, or an annual march by politicians over the bridge in Selma, Alabama, or a prosecution - forty years too late - of Edgar Ray Killen for the murder of civil rights workers in Philadelphia, Mississippi, were any more than gestures. Even though President Bush celebrates his birthday, wouldn't Dr. King cry if he could see how little things have changed since his death? If politicians or journalists went to Selma any other day of the year, they would see that it is a crumbling city suffering from all of the woes of the era before civil rights were won as well as new woes that have come about since. And does anyone really think that the Mississippi criminal justice system could possibly be a vessel of social change when it incarcerates a greater percentage of its population than almost any place in the world, other than Louisiana and Texas, and then compels these prisoners, most of whom are black, to work prison farms that their ancestors worked as chattel of other men?
...
I hoped, out loud, that the post-Katrina experience could be a similar moment [to the Triangle Shirtwaist factory fiasco], in which the American people could act like the children in the story and declare that the emperor has no clothes, and hasn't for a long time. That, in light of Katrina, we could be visionary and bold about what people deserve. We could say straight out that there are people in this country who are racist, that minorities are still not getting a fair shake, and that Republican policies heartlessly disregard the needs of individual citizens and betray the common good. As I stood there, exhausted, in front of the thinning audience of New Yorkers, it seemed possible that New Orleans's destruction and the suffering of its citizens hadn't been in vain. "

, Down in New Orleans: Reflections from a Drowned City

16 " If the case isn't plea bargained, dismissed or placed on the inactive docket for an indefinite period of time, if by some perverse twist of fate it becomes a trial by jury, you will then have the opportunity of sitting on the witness stand and reciting under oath the facts of the case-a brief moment in the sun that clouds over with the appearance of the aforementioned defense attorney who, at worst, will accuse you of perjuring yourself in a gross injustice or, at best, accuse you of conducting an investigation so incredibly slipshod that the real killer has been allowed to roam free.
Once both sides have argued the facts of the case, a jury of twelve men and women picked from computer lists of registered voters in one of America's most undereducated cities will go to a room and begin shouting. If these happy people manage to overcome the natural impulse to avoid any act of collective judgement, they just may find one human being guilty of murdering another. Then you can go to Cher's Pub at Lexington and Guilford, where that selfsame assistant state's attorney, if possessed of any human qualities at all, will buy you a bottle of domestic beer.
And you drink it. Because in a police department of about three thousand sworn souls, you are one of thirty-six investigators entrusted with the pursuit of that most extraordinary of crimes: the theft of a human life. You speak for the dead. You avenge those lost to the world. Your paycheck may come from fiscal services but, goddammit, after six beers you can pretty much convince yourself that you work for the Lord himself. If you are not as good as you should be, you'll be gone within a year or two, transferred to fugitive, or auto theft or check and fraud at the other end of the hall. If you are good enough, you will never do anything else as a cop that matters this much. Homicide is the major leagues, the center ring, the show. It always has been. When Cain threw a cap into Abel, you don't think The Big Guy told a couple of fresh uniforms to go down and work up the prosecution report. Hell no, he sent for a fucking detective. And it will always be that way, because the homicide unit of any urban police force has for generations been the natural habitat of that rarefied species, the thinking cop. "

David Simon