“Moreover, every effort should be made under the law to expedite the proceedings of justice in the case of such an awful crime. But it cannot be necessary in order to accomplish this to deprive any citizen of those fundamental rights to be heard in his own defense which are so dear to us all and which lies at the root of our liberty. It certainly ought to be possible by the proper administration of the laws to secure swift vengeance upon the criminal; and the best and immediate efforts of all legislators, judges and citizens should be addressed to securing such reforms in our legal procedure as to leave no vestige of excuse for those misguided men who undertake to reap vengeance through violent methods.”

— Theodore Roosevelt

1900s, Letter to Winfield T. Durbin (1903)

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Theodore Roosevelt 445

American politician, 26th president of the United States 1858–1919

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“In a criminal proceeding the question is not alone whether substantial justice has been done, but whether justice has been done according to law. All proceedings in poenam are, it need scarcely be observed, strictissimi juris; nor should it be forgotten that the formalities of law, though here and there they may lead to the escape of an offender, are intended on the whole to insure the safe administration of justice and the protection of innocence, and must be observed. A party accused has the right to insist on them as matter of right, of which he cannot be deprived against his will; and the Judge must see that they are followed.”

Sir Alexander Cockburn, 12th Baronet (1802–1880) Lord Chief Justice

Martin v. Mackonochie (1878), L. R. 3 Q. B. 775.

“The political Liberty of a Citizen is the Peace of Mind arising from the Consciousness, that every Individual enjoys his peculiar Safety; and in order that the People might attain this Liberty, the Laws ought to be so framed, that no one Citizen should stand in Fear of another; but that all of them should stand in Fear of the same Laws….”

Catherine the Great (1729–1796) Empress of Russia

Proposals for a New Law Code (1768)

“The Laws ought to be so framed, as to secure the Safety of every Citizen as much as possible.”

Catherine the Great (1729–1796) Empress of Russia

Proposals for a New Law Code (1768), Item 33

“In such cases, moreover, it is well to remember that the criminal not merely sins against humanity in inexpiable and unpardonable fashion, but sins particularly against his own race, and does them a wrong far greater than any white man can possibly do them. Therefore, in such cases the colored people throughout the land should in every possible way show their belief that they, more than all others in the community, are horrified at the commission of such a crime and are peculiarly concerned in taking every possible measure to prevent its recurrence and to bring the criminal to immediate justice. The slightest lack of vigor either in denunciation of the crime or in bringing the criminal to justice is itself unpardonable.”

Theodore Roosevelt (1858–1919) American politician, 26th president of the United States

1900s, Letter to Winfield T. Durbin (1903)

“It is necessary to the administration of justice that every person who is accused of a crime should have an opportunity of being heard in his defence against the charge of which he is accused.”

Lloyd Kenyon, 1st Baron Kenyon (1732–1802) British Baron

The King v. Justices of Surrey (1794), 6 T. R. 78.

“Men who have been guilty of a crime like rape or murder, should be visited with swift and certain punishment and the just effort made by the courts to protect them in their rights should under no circumstances be perverted into permitting any mere technicality to avert or delay their punishment. The substantial rights of the prisoner to a fair trial must, of course, be guaranteed, as you have so justly insisted that they should be; but, subject to this guarantee, the law must work swiftly and surely and all the agents of the law should realize the wrong they do when they permit justice to be delayed or thwarted for technical or insufficient reasons. We must show that the law is adequate to deal with crime by freeing it from every vestige of technicality and delay.”

Theodore Roosevelt (1858–1919) American politician, 26th president of the United States

1900s, Letter to Winfield T. Durbin (1903)

“So long as an individual, whether person or state, has only his own arms to depend upon in order to defend his rights by arms, then he must be stronger than anyone likely to challenge those rights. Which means that that other is deprived of similar defense. Within the frontiers man long ago made the discovery that the only way out of that dilemma is for the community, by putting its combined power behind a protective law, to assume the defense of the individual. Defense must be a communal, a collective function, or it cannot exist effectively at all.”

Norman Angell (1872–1967) British politician

Peace and the Public Mind (1935)

“In its proper meaning equality before the law means the right to participate in the making of the laws by which one is governed, a constitution which guarantees democratic rights to all sections of the population, the right to approach the court for protection or relief in the case of the violation of rights guaranteed in the constitution, and the right to take part in the administration of justice as judges, magistrates, attorneys-general, law advisers and similar positions.
In the absence of these safeguards the phrase 'equality before the law', in so far as it is intended to apply to us, is meaningless and misleading.”

Nelson Mandela (1918–2013) President of South Africa, anti-apartheid activist

1960s, First court statement (1962)
Context: In its proper meaning equality before the law means the right to participate in the making of the laws by which one is governed, a constitution which guarantees democratic rights to all sections of the population, the right to approach the court for protection or relief in the case of the violation of rights guaranteed in the constitution, and the right to take part in the administration of justice as judges, magistrates, attorneys-general, law advisers and similar positions.
In the absence of these safeguards the phrase 'equality before the law', in so far as it is intended to apply to us, is meaningless and misleading. All the rights and privileges to which I have referred are monopolized by whites, and we enjoy none of them. The white man makes all the laws, he drags us before his courts and accuses us, and he sits in judgement over us.

“Decency, security, and liberty alike demand that government officials shall be subjected to the same rules of conduct that are commands to the citizen. In a government of laws, existence of the government will be imperiled if it fails to observe the law scrupulously. Our government is the potent, the omnipresent teacher. For good or for ill, it teaches the whole people by its example. Crime is contagious. If the government becomes a lawbreaker, it breeds contempt for law; it invites every man to become a law unto himself; it invites anarchy. To declare that in the administration of the criminal law the end justifies the means -- to declare that the government may commit crimes in order to secure the conviction of a private criminal -- would bring terrible retribution. Against that pernicious doctrine this court should resolutely set its face.”

Louis Brandeis (1856–1941) American Supreme Court Justice

Dissenting, Olmstead v. United States, 277 U.S. 438 (1928).
Judicial opinions

“The average American citizen should have presented to him in a simple and easily comprehended form the truth about the business affairs that affect his daily life as consumer, employee, employer, as investor, as voter. […] There are concrete instances of unfair competition that can be reached under the Federal criminal legislation, and they should be attacked and destroyed in the courts. But the laws should be such that normally, and save in extraordinary, circumstances, there should be no need of recourse to the courts. What is needed is administrative supervision and control. This should be so exercised that the highways of commerce and opportunity should be open to all; and not nominally open, but really open, a consistent effort being made to deprive every man of any advantage that is not due to his own superiority and efficiency, controlled by moral purpose. […] Not only as a matter of justice and honesty, but as a matter of prime popular interest, we should see that this control is so exercised as to favor a proper return to the upright business manager and honest investor.”

Theodore Roosevelt (1858–1919) American politician, 26th president of the United States

1910s, The Progressives, Past and Present (1910)

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Theodore Roosevelt 445

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