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Quote by Arun Shourie

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Courts and their Judgements: Premises, Prerequisites, Consequences

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Arun Shourie

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“It was a great relief to be in a federal court. Here the atmosphere of justice prevailed. No one can understand the feeling that comes to a Southern Negro on entering a federal court unless he sees with his own eyes and feels with his own soul the tragic sabotage of justice in the city and state courts of the South. The Negro goes into these courts knowing that the cards are stacked against him. Here he is virtually certain to face a prejudiced jury or a biased judge, and is openly robbed with little hope of redress. But the Southern Negro goes into the federal court with the feeling that he has an honest chance of justice before the law.”

“To shift from such a lofty fancy as the planetarization of consciousness to the operation of our municipal legal system is to come down to earth hard. Before the forces that are at work, our highest court is but a frail and feeble-a distinctly human-institution. Yet, the Court may be at its best not in its work of handing down decrees, but at the very task that is called for: of summoning up from the human spirit the kindest and most generous and worthy ideas that abound there, giving them shape and reality and legitimacy.”

“I happened to notice that among the men who had willingly presented themselves for jury-service was one whom I knew to be the father of seven children. Under a law of Augustus's he was exempt for the rest of his life; yet he had not pleaded for exemption or mentioned the size of his family. I told the magistrate: "Strike this man's name off. He's a father of seven." He protested: "But, Cæsar, he has made no attempt to excuse himself." "Exactly," I said, "he wants to be a juryman. Strike him off." I meant, of course,that the fellow was concealing his immunity from what every honest man considered a very thankless and disagreeable duty and that he therefore was almost certain to have crooked intentions. Crooked jurymen could pick up a lot of money by bribes, for it was a commonplace that one interested juryman could sway the opinions of a whole bunch of uninterested ones; and the majority verdict decided a case.”