Our whole constitutional heritage rebels at the thought of giving government the power to control men's minds.
Thurgood MarshallRead
Mere access to the courthouse doors does not by itself assure a proper functioning of the adversary process.
Interpretation
Access to the legal system alone does not guarantee fairness or justice in disputes.
Thurgood Marshall's quote highlights that simply providing people the ability to enter a courthouse does not ensure that they will receive a fair trial or that the processes of justice will work effectively. It points to the importance of equality, representation, and the quality of legal processes, suggesting that systemic issues must be addressed for justice to be truly served.
In practice
This quote can be used in discussions on legal reform.
Our whole constitutional heritage rebels at the thought of giving government the power to control men's minds.
The United States has been called the melting pot of the world. But it seems to me that the colored man either missed getting into the pot or he got melted down.
I cannot accept this invitation [to celebrate the bicentenial of the Constitution], for I do not believe that the meaning of the Constitution was forever 'fixed' at the Philadelphia Convention... To the contrary, the government they devised was defective from the start. [Progressive]
When in Gregg v. Georgia the Supreme Court gave its seal of approval to capital punishment, this endorsement was premised on the promise that capital punishment would be administered with fairness and justice. Instead, the promise has become a cruel and empty mockery. If not remedied, the scandalous state of our present system of capital punishment will cast a pall of shame over our society for years to come. We cannot let it continue.
If the First Amendment means anything, it means that a state has no business telling a man, sitting alone in his house, what books he may read or what films he may watch.
In recognizing the humanity of our fellow beings, we pay ourselves the highest tribute.
If you're not thinking about the way systemic bias can be propagated through the criminal justice system or predictive policing, then it's very likely that, if you're designing a system based on historical data, you're going to be perpetuating those biases.
People who are well represented at trial do not get the death penalty.
If one of our fellow citizens can be executed with so much doubt surrounding his guilt, then the death penalty system in our country is unjust and outdated.
It is common sense that in our immigration courts, where children fleeing devastating violence abroad often find themselves, kids need lawyers to advocate on their behalf. After all, lawyers go to school for years to understand the nuances of our legal system.
I have almost reached the regrettable conclusion that the Negro's great stumbling block in the stride toward freedom is not the White Citizens Councilor or the Ku Klux Klanner but the white moderate who is more devoted to order than to justice; who prefers a negative peace which is the absence of tension to a positive peace which is the presence of justice.
Find out just what any people will quietly submit to and you have the exact measure of the injustice and wrong which will be imposed on them.
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