Sentencing Quotes

“The word 'inauthentic' is used by Heidegger to describe the ostrich-like attitude of the man who seeks to escape from his inescapable self-responsibility by becoming an anonymous member of a crowd. This is the normal attitude of nearly everybody. To be 'authentic' a man must be constantly and deliberately aware of his total responsibility for what he is. For example, a judge may disclaim personal responsibility for sentencing people to punishment. He will say that as a judge it is his duty to punish. In other words it is as an anonymous representative of the Judiciary that he punishes, and it is the Judiciary that must take the responsibility. This man is inauthentic. If he wishes to be authentic he must think to himself, whenever he sits on the Bench or draws his salary, 'Why do I punish? Because, as a judge, it is my duty to punish. Why am I a judge? Is it perhaps my duty to be a judge? No. I am a judge because I myself choose to be a judge. I choose to be one who punishes in the name of the Law. Can I, if I really wish, choose not to be a judge? Yes, I am absolutely free at any moment to stop being a judge, if I so choose. If this is so, when a guilty man comes up before me for sentence, do I have any alternative but to punish him? Yes, I can get up, walk out of the courtroom, and resign my job. Then if, instead, I punish him, am I responsible? I am totally responsible.”

“I am deeply impressed with the gravity and wisdom with which most federal judges approach the responsibility of sentencing. It is a difficult, soul-searching task at best.”

“Well, one thing, you got to stand in a courtroom and listen to a judge sentencing you to 25 years in prison before you realize that freedom of expression can no longer be taken for granted.”

“I believe indeterminate sentencing can be extremely useful, but I also believe that any such system should always take into consideration the special knowledge as to the facts in a case which only the trial judge possesses.”

“Earlier in [2007] the [Prime Minister's Office] had also drawn criticism for trying to muzzle the judiciary. The reproach came from Antonio Lamer, the former chief justice of the Supreme Court....'I must say I was taken aback,' said Lamer, who sat on the Supreme Court for twenty years. 'The prime minister is going the wrong route as regards the independence of the judiciary. He's trying to interfere with the sentencing process.”

“All faults or defects, from the slightest misconduct to the most flagitious crime, Pantocyclus attributed to some deviation from perfect Regularity in the bodily figure, caused perhaps (if not congenital) by some collision in a crowd; by neglect to take exercise, or by taking too much of it; or even by a sudden change of temperature, resulting in a shrinkage or expansion in some too susceptible part of the frame. Therefore, concluded that illustrious Philosopher, neither good conduct nor bad conduct is a fit subject, in any sober estimation, for either praise or blame. For why should you praise, for example, the integrity of a Square who faithfully defends the interests of his client, when you ought in reality rather to admire the exact precision of his right angles? Or again, why blame a lying, thievish Isosceles when you ought rather to deplore the incurable inequality of his sides?Theoretically, this doctrine is unquestionable; but it has practical drawbacks. In dealing with an Isosceles, if a rascal pleads that he cannot help stealing because of his unevenness, you reply that for that very reason, because he cannot help being a nuisance to his neighbours, you, the Magistrate, cannot help sentencing him to be consumed - and there's an end of the matter. But in little domestic difficulties, where the penalty of consumption, or death, is out of the question, this theory of Configuration sometimes comes in awkwardly; and I must confess that occasionally when one of my own Hexagonal Grandsons pleads as an excuse for his disobedience that a sudden change of the temperature has been too much for his perimeter, and that I ought to lay the blame not on him but on his Configuration, which can only be strengthened by abundance of the choicest sweetmeats, I neither see my way logically to reject, nor practically to accept, his conclusions.For my own part, I find it best to assume that a good sound scolding or castigation has some latent and strengthening influence on my Grandson's Configuration; though I own that I have no grounds for thinking so. At all events I am not alone in my way of extricating myself from this dilemma; for I find that many of the highest Circles, sitting as Judges in law courts, use praise and blame towards Regular and Irregular Figures; and in their homes I know by experience that, when scolding their children, they speak about "right" or "wrong" as vehemently and passionately as if they believed that these names represented real existences, and that a human Figure is really capable of choosing between them.”

“Accelerated Rehabilitation had a scientific sound, as if Pierre would rehabilitate faster and faster in an elliptical path until evaporating in a blue flash of pure mental health.”