„No man can be judged a criminal until he be found guilty; nor can society take from him the public protection, until it have been proved that he has violated the conditions on which it was granted. What right, then, but that of power, can authorise the punishment of a citizen, so long as there remains any doubt of his guilt? The dilemma is frequent. Either he is guilty, or not guilty. If guilty, he should only suffer the punishment ordained by the laws, and torture becomes useless, as his confession is unnecessary. If he be not guilty, you torture the innocent; for, in the eye of the law, every man is innocent, whose crime has not been proved.“

Cesare Beccaria Foto
Cesare Beccaria2
italienischer Rechtsphilosoph 1738 - 1794
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„Saints should always be judged guilty until they are proved innocent, but the tests that have to be applied to them are not, of course, the same in all cases.“

—  George Orwell English author and journalist 1903 - 1950
Context: Saints should always be judged guilty until they are proved innocent, but the tests that have to be applied to them are not, of course, the same in all cases. In Gandhi's case the questions one feels inclined to ask are: to what extent was Gandhi moved by vanity — by the consciousness of himself as a humble, naked old man, sitting on a praying mat and shaking empires by sheer spiritual power — and to what extent did he compromise his own principles by entering politics, which of their nature are inseparable from coercion and fraud? To give a definite answer one would have to study Gandhi's acts and writings in immense detail, for his whole life was a sort of pilgrimage in which every act was significant.

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„In the end, man is not entirely guilty — he did not start history. Nor is he wholly innocent — he continues it.“

—  Albert Camus French author and journalist 1913 - 1960
Part 5: Thought at the Meridian (Section: Moderation and Excess)

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„Their piety is as abject as their justice. Am I innocent? I'm guilty. Am I guilty? I'm innocent. (I'm innocent when I'm guilty, guilty when I'm innocent. I'm guilty when … but that is another song. Another song? It's all the same song.) Guilty innocent, innocent guilty, the fact is I quit.“

—  Octavio Paz Mexican writer laureated with the 1990 Nobel Prize for Literature 1914 - 1998
Context: The world stretches out before me, the vast world of the big, the little, and the medium. Universe of kings and presidents and jailors, of mandarins and pariahs and liberators and liberated, of judges and witnesses and the condemned: stars of the first, second, third and nth magnitudes, planets, comets, bodies errant and eccentric or routine and domesticated by the laws of gravity, the subtle laws of falling, all keeping step, all turning slowly or rapidly around a void. Where they claim the central sun lies, the solar being, the hot beam made out of every human gaze, there is nothing but a hole and less than a hole: the eye of a dead fish, the giddy cavity of the eye that falls into itself and looks at itself without seeing. There is nothing with which to fill the hollow center of the whirlwind. The springs are smashed, the foundations collapsed, the visible or invisible bonds that joined one star to another, one body to another, one man to another, are nothing but a tangle of wires and thorns, a jungle of claws and teeth that twist us and chew us and spit us out and chew us again. No one hangs himself by the rope of a physical law. The equations fall tirelessly into themselves. And in regard to the present matter, if the present matters: I do not belong to the masters. I don't wash my hands of it, but I am not a judge, nor a witness for the prosecution, nor an executioner. I do not torture, interrogate, or suffer interrogation. I do not loudly plead for leniency, nor wish to save myself or anyone else. And for all that I don't do and for all that they do to us, I neither ask forgiveness nor forgive. Their piety is as abject as their justice. Am I innocent? I'm guilty. Am I guilty? I'm innocent. (I'm innocent when I'm guilty, guilty when I'm innocent. I'm guilty when … but that is another song. Another song? It's all the same song.) Guilty innocent, innocent guilty, the fact is I quit.

Edward Teller Foto

„A fact is a simple statement that everyone believes. It is innocent, unless found guilty. A hypothesis is a novel suggestion that no one wants to believe. It is guilty, until found effective.“

—  Edward Teller Hungarian-American nuclear physicist 1908 - 2003
Conversations on the Dark Secrets of Physics (1991) by Edward Teller, Wendy Teller and Wilson Talley, Ch. 5, p. 69 footnote

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Michel Foucault Foto

„But the guilty person is only one of the targets of punishment. For punishment is directed above all at others, at all the potentially guilty.“

—  Michel Foucault French philosopher 1926 - 1984
Context: This, then, is how one must imagine the punitive city. At the crossroads, in the gardens, at the side of roads being repaired or bridges built, in workshops open to all, in the depths of mines that may be visited, will be hundreds of tiny theatres of punishment. Each crime will have its law; each criminal his punishment. It will be a visible punishment, a punishment that tells all, that explains, justifies itself, convicts: placards, different-coloured caps bearing inscriptions, posters, symbols, texts read or printed, tirelessly repeat the code. Scenery, perspectives, optical effects, trompe-l’œil sometimes magnify the scene, making it more fearful than it is, but also clearer. From where the public is sitting, it is possible to believe in the existence of certain cruelties which, in fact, do not take place. But the essential point, in all these real or magnified severities, is that they should all, according to a strict economy, teach a lesson: that each punishment should be a fable. And that, in counterpoint with all the direct examples of virtue, one may at each moment encounter, as a living spectacle, the misfortunes of vice. Around each of these moral ‘representations’, schoolchildren will gather with their masters and adults will learn what lessons to teach their offspring. The great terrifying ritual of the public execution gives way, day after day, street after street, to this serious theatre, with its multifarious and persuasive scenes. And popular memory will reproduce in rumour the austere discourse of the law. But perhaps it will be necessary, above these innumerable spectacles and narratives, to place the major sign of punishment for the most terrible of crimes: the keystone of the penal edifice. Chapter Three, The Gentle Way in Punishment

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