Jerome Frank: Other

Jerome Frank was American jurist. Explore interesting quotes on other.
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“Every lawyer of experience comes to know (more or less unconsciously) that in the great majority of cases, the precedents are none too good as bases of prediction. Somehow or other, there are plenty of precedents to go around.”

Jerome Frank

Page 163.
Law and the Modern Mind (1930)

“True, no man can be wholly apart from his fellows. But, if each of us is a promontory, yet the promontory reaches out beyond the social mainland to a point where others cannot intrude. Beyond that point lies an unexplorable lonesomeness, a unique privacy. It is a no-other-man's land, for others can't penetrate it, can't communicate with it.”

Jerome Frank

Judge Learned Hand, reprinted in A Man's Reach: The Philosophy of Judge Jerome Frank (1965), page 49.

Communication

“(1) If a convicted man has the money to pay the docket fee and for a transcript of the proceedings at his trial, the upper federal court, by at least reading the transcript, will ascertain whether or not there was reversible error at the trial, or whether or not there was such a lack of evidence that the defendant is entitled to a new trial or a dismissal of the indictment.
(2) If, however, the defendant is so destitute that he cannot pay the docket fee, and if the trial judge has signed a certificate of 'bad faith,' then although a reading of the transcript shows clear reversible errors, the federal appellate court is powerless to hear the appeal and thus to rectify the errors; and even if the defendant has money enough to pay the docket fee but not enough for a transcript, the upper court usually has no way of determining whether there were such errors, must therefore assume there were none, and must accordingly refuse to consider his appeal. As a consequence, a poor man erroneously convicted-- e. g., where there was insufficient proof of his guilt--must go to prison and stay there. In such a situation-- i. e., where the upper court, if it had the transcript before it, would surely reverse for insufficiency of the evidence or on some other ground, but cannot do so solely because the defendant cannot pay for a transcript-- the result is this: He is punished because he is guilty of the crime of being poor”

Jerome Frank

more or less on the principle, openly avowed in Erewhon only, that one who suffers misfortunes deserves criminal punishment
United States v. Johnson, 238 F.2d 565, 568 (1956) (dissenting).

Money , Faith , Way , Error