Month: October 2021

3.8: SPECIAL RESPONSIBILITIES OF A PROSECUTOR
The duty of a public prosecutor is to seek justice, not merely to convict. The prosecutor in a criminal case shall:
(a) refrain from prosecuting a charge that the prosecutor knows is not supported by probable cause;
(b) make reasonable efforts to assure that the accused has been advised of the right to, and the procedure for obtaining, counsel and has been given reasonable opportunity to obtain counsel;
(c) not seek to obtain from an unrepresented accused a waiver of important pretrial rights, such as the right to a preliminary hearing;
(d) make timely disclosure to the defense of all evidence or information known to the prosecutor that tends to negate the guilt of the accused or mitigates the offense, and, in connection with sentencing, disclose to the defense and to the tribunal all unprivileged mitigating information known to the prosecutor, except when the prosecutor is relieved of this responsibility by a protective order of the tribunal;
(e) not subpoena a lawyer in a grand jury or other criminal proceeding to present evidence about a past or present client unless the prosecutor reasonably believes:
(1) the information sought is not protected from disclosure by any applicable privilege;
(2) the evidence sought is essential to the successful completion of an ongoing investigation or prosecution; and
(3) there is no other feasible alternative to obtain the information;
(f) except for statements that are necessary to inform the public of the nature and extent of the prosecutor’s action and that serve a legitimate law enforcement purpose, refrain from making extrajudicial comments that pose a serious and imminent threat of heightening public condemnation of the accused and exercise reasonable care to prevent investigators, law enforcement personnel, employees or other persons assisting or associated with the prosecutor in a criminal case from making an extrajudicial statement that the prosecutor would be prohibited from making.
– Illinois Rules of Professional Conduct

“What can be expected of man since he is a being endowed with strange qualities? Shower upon him every earthly blessing, drown him in a sea of happiness, so that nothing but bubbles of bliss can be seen on the surface; give him economic prosperity, such that he should have nothing else to do but sleep, eat cakes and busy himself with the continuation of his species, and even then out of sheer ingratitude, sheer spite, man would play you some nasty trick. He would even risk his cakes and would deliberately desire the most fatal rubbish, the most uneconomical absurdity, simply to introduce into all this positive good sense his fatal fantastic element. It is just his fantastic dreams, his vulgar folly that he will desire to retain, simply in order to prove to himself–as though that were so necessary–that men still are men and not the keys of a piano, which the laws of nature threaten to control so completely that soon one will be able to desire nothing but by the calendar. And that is not all: even if man really were nothing but a piano-key, even if this were proved to him by natural science and mathematics, even then he would not become reasonable, but would purposely do something perverse out of simple ingratitude, simply to gain his point. And if he does not find means he will contrive destruction and chaos, will contrive sufferings of all sorts, only to gain his point! He will launch a curse upon the world, and as only man can curse (it is his privilege, the primary distinction between him and other animals), may be by his curse alone he will attain his object–that is, convince himself that he is a man and not a piano-key! If you say that all this, too, can be calculated and tabulated–chaos and darkness and curses, so that the mere possibility of calculating it all beforehand would stop it all, and reason would reassert itself, then man would purposely go mad in order to be rid of reason and gain his point! I believe in it, I answer for it, for the whole work of man really seems to consist in nothing but proving to himself every minute that he is a man and not a piano-key! It may be at the cost of his skin, it may be by cannibalism! And this being so, can one help being tempted to rejoice that it has not yet come off, and that desire still depends on something we don’t know?” – Fyodor Dostoyevsky, Notes from the Underground (trans. unknown)

“One may say anything about the history of the world–anything that might enter the most disordered imagination. The only thing one can’t say is that it’s rational.” – Fyodor Dostoyevsky, Notes from the Underground (trans. unknown)

“Reason is an excellent thing, there’s no disputing that, but reason is nothing but reason and satisfies only the rational side of man’s nature, while will is a manifestation of the whole life, that is, of the whole human life including reason and all the impulses. And although our life, in this manifestation of it, is often worthless, yet it is life and not simply extracting square roots. Here I, for instance, quite naturally want to live, in order to satisfy all my capacities for life, and not simply my capacity for reasoning, that is, not simply one twentieth of my capacity for life. What does reason know? Reason only knows what it has succeeded in learning (some things, perhaps, it will never learn; this is a poor comfort, but why not say so frankly?) and human nature acts as a whole, with everything that is in it, consciously or unconsciously, and, even if it goes wrong, it lives.” – Fyodor Dostoyevsky, Notes from the Underground (trans. unknown)

“I was just going to say that the devil only knows what choice depends on, and that perhaps that was a very good thing, but I remembered the teaching of science … and pulled myself up. And here you have begun upon it. Indeed, if there really is some day discovered a formula for all our desires and caprices–that is, an explanation of what they depend upon, by what laws they arise, how they develop, what they are aiming at in one case and in another and so on, that is a real mathematical formula–then, most likely, man will at once cease to feel desire, indeed, he will be certain to. For who would want to choose by rule? Besides, he will at once be transformed from a human being into an organ-stop or something of the sort; for what is a man without desires, without free will and without choice, if not a stop in an organ? What do you think? Let us reckon the chances–can such a thing happen or not?” – Fyodor Dostoyevsky, Notes from the Underground (trans. unknown)

“Civilisation has made mankind if not more bloodthirsty, at least more vilely, more loathsomely bloodthirsty. In old days he saw justice in bloodshed and with his conscience at peace exterminated those he thought proper. Now we do think bloodshed abominable and yet we engage in this abomination, and with more energy than ever. Which is worse? Decide that for yourselves.” – Fyodor Dostoyevsky, Notes from the Underground (trans. unknown)

“Oh, if I had done nothing simply from laziness! Heavens, how I should have respected myself, then. I should have respected myself because I should at least have been capable of being lazy; there would at least have been one quality, as it were, positive in me, in which I could have believed myself. Question: What is he? Answer: A sluggard; how very pleasant it would have been to hear that of oneself! It would mean that I was positively defined, it would mean that there was something to say about me. ‘Sluggard’–why, it is a calling and vocation, it is a career.” – Fyodor Dostoyevsky, Notes from the Underground (trans. unknown)

“To each of my Nephews, William Augustine Washington, George Lewis, George Steptoe Washington, Bushrod Washington and Samuel Washington, I give one of the Swords or Cutteaux of which I may die possessed; and they are to chuse in the order they are named. These Swords are accompanied with an injunction not to unsheath them for the purpose of shedding blood, except it be for self defence, or in defence of their Country and its rights; and in the latter case, to keep them unsheathed, and prefer falling with them in their hands, to the relinquishment thereof.” – George Washington, “Last Will and Testament”, July 9, 1799

“Upon the decease of my wife, it is my Will & desire that all the Slaves which I hold in my own right, shall receive their freedom. To emancipate them during her life, would, tho’ earnestly wished by me, be attended with such insuperable difficulties on account of their intermixture by Marriages with the Dower Negroes, as to excite the most painful sensations, if not disagreeable consequences from the latter, while both descriptions are in the occupancy of the same Proprietor; it not being in my power, under the tenure by which the Dower Negroes are held, to manumit them. And whereas among those who will receive freedom according to this devise, there may be some, who from old age or bodily infirmities, and others who on account of their infancy, that will be unable to support themselves; it is my Will and desire that all who come under the first & second description shall be comfortably cloathed & fed by my heirs while they live; and that such of the latter description as have no parents living, or if living are unable, or unwilling to provide for them, shall be bound by the Court until they shall arrive at the age of twenty five years; and in cases where no record can be produced, whereby their ages can be ascertained, the judgment of the Court, upon its own view of the subject, shall be adequate and final. The Negros thus bound, are (by their Masters or Mistresses) to be taught to read & write; and to be brought up to some useful occupation, agreeably to the Laws of the Commonwealth of Virginia, providing for the support of Orphan and other poor Children. And I do hereby expressly forbid the Sale, or transportation out of the said Commonwealth, of any Slave I may die possessed of, under any pretence whatsoever. And I do moreover most pointedly, and most solemnly enjoin it upon my Executors hereafter named, or the Survivors of them, to see that this clause respecting Slaves, and every part thereof be religiously fulfilled at the Epoch at which it is directed to take place; without evasion, neglect or delay, after the Crops which may then be on the ground are harvested, particularly as it respects the aged and infirm; seeing that a regular and permanent fund be established for their support so long as there are subjects requiring it; not trusting to the uncertain provision to be made by individuals. And to my Mulatto man William (calling himself William Lee) I give immediate freedom; or if he should prefer it (on account of the accidents which have befallen him, and which have rendered him incapable of walking or of any active employment) to remain in the situation he now is, it shall be optional in him to do so: In either case however, I allow him an annuity of thirty dollars during his natural life, which shall be independent of the victuals and cloaths he has been accustomed to receive, if he chuses the last alternative; but in full, with his freedom, if he prefers the first; & this I give him as a testimony of my sense of his attachment to me, and for his faithful services during the Revolutionary War.” – George Washington, “Last Will and Testament”, July 9, 1799

“Permanent, inveterate antipathies against particular nations, and passionate attachments for others, should be excluded; and that, in place of them, just and amicable feelings towards all should be cultivated. The nation which indulges towards another a habitual hatred or a habitual fondness is in some degree a slave. It is a slave to its animosity or to its affection, either of which is sufficient to lead it astray from its duty and its interest. Antipathy in one nation against another disposes each more readily to offer insult and injury, to lay hold of slight causes of umbrage, and to be haughty and intractable, when accidental or trifling occasions of dispute occur. Hence, frequent collisions, obstinate, envenomed, and bloody contests. The nation, prompted by ill-will and resentment, sometimes impels to war the government, contrary to the best calculations of policy. The government sometimes participates in the national propensity, and adopts through passion what reason would reject; at other times it makes the animosity of the nation subservient to projects of hostility instigated by pride, ambition, and other sinister and pernicious motives. The peace often, sometimes perhaps the liberty, of nations, has been the victim. So likewise, a passionate attachment of one nation for another produces a variety of evils. Sympathy for the favorite nation, facilitating the illusion of an imaginary common interest in cases where no real common interest exists, and infusing into one the enmities of the other, betrays the former into a participation in the quarrels and wars of the latter without adequate inducement or justification. It leads also to concessions to the favorite nation of privileges denied to others which is apt doubly to injure the nation making the concessions; by unnecessarily parting with what ought to have been retained, and by exciting jealousy, ill-will, and a disposition to retaliate, in the parties from whom equal privileges are withheld. And it gives to ambitious, corrupted, or deluded citizens (who devote themselves to the favorite nation), facility to betray or sacrifice the interests of their own country, without odium, sometimes even with popularity; gilding, with the appearances of a virtuous sense of obligation, a commendable deference for public opinion, or a laudable zeal for public good, the base or foolish compliances of ambition, corruption, or infatuation. As avenues to foreign influence in innumerable ways, such attachments are particularly alarming to the truly enlightened and independent patriot. How many opportunities do they afford to tamper with domestic factions, to practice the arts of seduction, to mislead public opinion, to influence or awe the public councils? Such an attachment of a small or weak towards a great and powerful nation dooms the former to be the satellite of the latter. Against the insidious wiles of foreign influence (I conjure you to believe me, fellow-citizens) the jealousy of a free people ought to be constantly awake, since history and experience prove that foreign influence is one of the most baneful foes of republican government. But that jealousy to be useful must be impartial; else it becomes the instrument of the very influence to be avoided, instead of a defense against it. Excessive partiality for one foreign nation and excessive dislike of another cause those whom they actuate to see danger only on one side, and serve to veil and even second the arts of influence on the other. Real patriots who may resist the intrigues of the favorite are liable to become suspected and odious, while its tools and dupes usurp the applause and confidence of the people, to surrender their interests.” – George Washington, “Farewell Address”, September 19, 1796

“The habits of thinking in a free country should inspire caution in those entrusted with its administration, to confine themselves within their respective constitutional spheres, avoiding in the exercise of the powers of one department to encroach upon another. The spirit of encroachment tends to consolidate the powers of all the departments in one, and thus to create, whatever the form of government, a real despotism. A just estimate of that love of power, and proneness to abuse it, which predominates in the human heart, is sufficient to satisfy us of the truth of this position. The necessity of reciprocal checks in the exercise of political power, by dividing and distributing it into different depositaries, and constituting each the guardian of the public weal against invasions by the others, has been evinced by experiments ancient and modern; some of them in our country and under our own eyes. To preserve them must be as necessary as to institute them. If, in the opinion of the people, the distribution or modification of the constitutional powers be in any particular wrong, let it be corrected by an amendment in the way which the Constitution designates. But let there be no change by usurpation; for though this, in one instance, may be the instrument of good, it is the customary weapon by which free governments are destroyed. The precedent must always greatly overbalance in permanent evil any partial or transient benefit, which the use can at any time yield.” – George Washington, “Farewell Address”, September 19, 1796

“The alternate domination of one faction over another, sharpened by the spirit of revenge, natural to party dissension, which in different ages and countries has perpetrated the most horrid enormities, is itself a frightful despotism. But this leads at length to a more formal and permanent despotism. The disorders and miseries which result gradually incline the minds of men to seek security and repose in the absolute power of an individual; and sooner or later the chief of some prevailing faction, more able or more fortunate than his competitors, turns this disposition to the purposes of his own elevation, on the ruins of public liberty. Without looking forward to an extremity of this kind (which nevertheless ought not to be entirely out of sight), the common and continual mischiefs of the spirit of party are sufficient to make it the interest and duty of a wise people to discourage and restrain it. It serves always to distract the public councils and enfeeble the public administration. It agitates the community with ill-founded jealousies and false alarms, kindles the animosity of one part against another, foments occasionally riot and insurrection. It opens the door to foreign influence and corruption, which finds a facilitated access to the government itself through the channels of party passions. Thus the policy and the will of one country are subjected to the policy and will of another.” – George Washington, “Farewell Address”, September 19, 1796

“The basis of our political systems is the right of the people to make and to alter their constitutions of government. But the Constitution which at any time exists, till changed by an explicit and authentic act of the whole people, is sacredly obligatory upon all. The very idea of the power and the right of the people to establish government presupposes the duty of every individual to obey the established government. All obstructions to the execution of the laws, all combinations and associations, under whatever plausible character, with the real design to direct, control, counteract, or awe the regular deliberation and action of the constituted authorities, are destructive of this fundamental principle, and of fatal tendency. They serve to organize faction, to give it an artificial and extraordinary force; to put, in the place of the delegated will of the nation the will of a party, often a small but artful and enterprising minority of the community; and, according to the alternate triumphs of different parties, to make the public administration the mirror of the ill-concerted and incongruous projects of faction, rather than the organ of consistent and wholesome plans digested by common counsels and modified by mutual interests. However combinations or associations of the above description may now and then answer popular ends, they are likely, in the course of time and things, to become potent engines, by which cunning, ambitious, and unprincipled men will be enabled to subvert the power of the people and to usurp for themselves the reins of government, destroying afterwards the very engines which have lifted them to unjust dominion.” – George Washington, “Farewell Address”, September 19, 1796

“Interwoven as is the love of liberty with every ligament of your hearts, no recommendation of mine is necessary to fortify or confirm the attachment. The unity of government which constitutes you one people is also now dear to you. It is justly so, for it is a main pillar in the edifice of your real independence, the support of your tranquility at home, your peace abroad; of your safety; of your prosperity; of that very liberty which you so highly prize. But as it is easy to foresee that, from different causes and from different quarters, much pains will be taken, many artifices employed to weaken in your minds the conviction of this truth; as this is the point in your political fortress against which the batteries of internal and external enemies will be most constantly and actively (though often covertly and insidiously) directed, it is of infinite moment that you should properly estimate the immense value of your national union to your collective and individual happiness; that you should cherish a cordial, habitual, and immovable attachment to it; accustoming yourselves to think and speak of it as of the palladium of your political safety and prosperity; watching for its preservation with jealous anxiety; discountenancing whatever may suggest even a suspicion that it can in any event be abandoned; and indignantly frowning upon the first dawning of every attempt to alienate any portion of our country from the rest, or to enfeeble the sacred ties which now link together the various parts.” – George Washington, “Farewell Address”, September 19, 1796

“Nature does not ask your permission, she has nothing to do with your wishes, and whether you like her laws or dislike them, you are bound to accept her as she is, and consequently all her conclusions. A wall, you see, is a wall … and so on, and so on.” – Fyodor Dostoyevsky, Notes from the Underground (trans. unknown)

“I am forty years old now, and you know forty years is a whole lifetime; you know it is extreme old age. To live longer than forty years is bad manners, is vulgar, immoral. Who does live beyond forty? Answer that, sincerely and honestly I will tell you who do: fools and worthless fellows.” – Fyodor Dostoyevsky, Notes from the Underground (trans. unknown)

“Until within last year or two ago, I had no conception that Parties would, or even could go, the length I have been witness to; nor did I believe until lately, that it was within the bonds of probability; hardly within those of possibility, that, while I was using my utmost exertions to establish a national character of our own, independent, as far as our obligations, and justice would permit, of every nation of the earth; and wished, by steering a steady course, to preserve this Country from the horrors of a desolating war, that I should be accused of being the enemy of one Nation, and subject to the influence of another; and to prove it, that every act of my administration would be tortured, and the grossest, and most insidious mis-representations of them be made (by giving one side only of a subject, and that too in such exaggerated and indecent terms as could scarcely be applied to a Nero; a notorious defaulter; or even to a common pick-pocket). But enough of this; I have already gone farther in the expression of my feelings, than I intended.” – George Washington, “Letter to Thomas Jefferson”, July 6, 1796 (emphasis in original)

“The difference of conduct between the friends, and foes of order, & good government, is in nothg. more striking than that, the latter are always working like bees, to distil their poison, while the former, depending, often times too much, and too long upon the sense, and good dispositions of the people to work conviction, neglect the means of effecting it.” – George Washington, “Letter to Alexander Hamilton”, July 29, 1795 (emphases in original)

“It would be nice, if it were possible to arrest life. But it goes on. What does it mean, — life goes on? Life goes on, means, — the hair falls out and grows gray, the teeth decay, there appear wrinkles, and there is an odour in the mouth. Even before everything ends, everything becomes terrible and disgusting: you perceive the pasty paint and powder, the sweat, the stench, the homeliness. Where is that which I served? Where is beauty? And it is all. If it is not, — there is nothing. There is no life. Not only is there no life in what seemed to have life, but you, too, begin to get away from it, to grow feeble, to look homely, to decay, while others before your very eyes seize from you those pleasures in which was the whole good of life. More than that: there begins to glint the possibility of another life, something else, some other union of men with the whole world, such as excludes all those deceptions, something else, something that cannot be impaired by anything, that is true and always beautiful. But that cannot be, — it is only the provoking sight of an oasis, when we know that it is not there and that everything is sand.” – Count Lev Nikolayevich Tolstoy, “The Works of Guy de Maupassant” (trans. unknown)

“The country has got to have confidence in the government’s ability to stave off a crisis. . . . One of the jobs of a leader during a crisis is to not only project calm but to project confidence that we’ll deal with the situation.” – George W. Bush (interviewed in “Panic: The Untold Story of the 2008 Financial Crisis”)