I am more optimistic though, that this court will eventually conclude that the effort to eliminate arbitrariness while preserving fairness in the infliction of [death] is so plainly doomed to failure that is - and the death penalty - must be abandoned altogether. I may not live to see that day, but I have faith that eventually it will arrive.
Interpretation
The quote expresses hope for the eventual abolition of the death penalty due to its inherent unfairness and arbitrariness.
Harry A. Blackmun's quote reflects a deep concern about the death penalty's fairness and effectiveness. He conveys an optimistic belief that, despite the current challenges, society will come to realize that the death penalty cannot be applied justly, leading to its eventual abolition. Blackmun recognizes that this change may not happen in his lifetime, but he remains hopeful for a future where justice prevails over arbitrary punishment.
In practice
This quote can be used in discussions about the morality of capital punishment.
I cannot see any of these death penalty cases where there hasn't been a violation on the ground of either poverty or race. If we can ever get that straightened out, it will help. But, of course, the real answer to it is to do away with the death penalty.
From this day forward, I no longer shall tinker with the machinery of death. ... I fell morally and intellectually obligated simply to concede that the death penalty experiment has failed.
Of one thing, however, I am certain. Just as an execution without adequate safeguards is unacceptable, so too is an execution when the condemned prisoner can prove that he is innocent. The execution of a person who can show that he is innocent comes perilously close to simple murder.
The right of an individual to conduct intimate relationships in the intimacy of his or her own home seems to me to be the heart of the Constitutions protection of privacy.
From this day forward, I no longer shall tinker with the machinery of death.
In order to get beyond racism, we must first take account of race. There is no other way. And in order to treat some persons equally, we must treat them differently.
If we continue to tell ourselves the popular myths about racial progress or, worse yet, if we say to ourselves that the problem of mass incarceration is just too big, too daunting for us to do anything about and that we should instead direct our energies to battles that might be more easily won, history will judge us harshly. A human rights nightmare is occurring on our watch.
Once you've acquired a criminal record, you can be discriminated against legally in employment, housing, and access to education and public benefits. You're relegated to a permanent second-class status, forever a 'criminal.' Inflicting this amount of unnecessary pain and suffering is not cheap.
The jury system has come to stand for all we mean by English justice. The scrutiny of 12 honest jurors provides defendants and plaintiffs alike a safeguard from arbitrary perversion of the law.
Justice for crimes against humanity must have no limitations.
To exclude all jurors who would be in the slightest way effected by the prospect of the death penalty would be to deprive the defendant of the impartial jury to which he or she is entitled under the law.
Evil must be attacked by. . . the day to day assault of the battering rams of justice.
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