Bk. 1, Ch. "The Conviction of His Courage" <!-- [Italics in source] --> (His record having been erased from government computers.)
The Shockwave Rider (1975)
“(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”
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).
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Jerome Frank 9
American jurist 1889–1957Related quotes

To Leon Goldensohn, June 15, 1946, from "The Nuremberg Interviews" by Leon Goldensohn, Robert Gellately - History - 2004

Question http://hansard.millbanksystems.com/commons/1985/jun/13/crumlin-road-court-trial in the House of Commons (13 June 1985).
1980s
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The Never-Ending Wrong (1977)
Context: The trial of Jesus of Nazareth, the trial and rehabilitation of Joan of Arc, any one of the witchcraft trials in Salem during 1691, the Moscow trials of 1937 during which Stalin destroyed all of the founders of the 1924 Soviet Revolution, the Sacco-Vanzetti trial of 1920 through 1927 — there are many trials such as these in which the victim was already condemned to death before the trial took place, and it took place only to cover up the real meaning: the accused was to be put to death. These are trials in which the judge, the counsel, the jury, and the witnesses are the criminals, not the accused. For any believer in capital punishment, the fear of an honest mistake on the part of all concerned is cited as the main argument against the final terrible decision to carry out the death sentence. There is the frightful possibility in all such trials as these that the judgment has already been pronounced and the trial is just a mask for murder.

On why he gave testimony on behalf of Alger Hiss, as quoted in Adlai Stevenson of Illinois : The Life of Adlai E. Stevenson (1976) by John Bartlow Martin, p. 552; also in "History Remembers…Adlai Stevenson" by Maureen Zebian in The Epoch Times (4 November 2004) http://en.epochtimes.com/news/4-11-4/24153.html

On the Confrontation Clause: Writing for the majority in Crawford v. Washington 541 U.S. 36 http://www.law.cornell.edu/supct/html/02-9410.ZO.html (2004).
2000s