Investigation Into Allegations of Justice Department Misconduct in New England: Hearings Before the Committee on Government Reform, House of Representatives, One Hundred Seventh Congress, First and Second Sessions

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Página 689 - If the Government becomes a law-breaker, it breeds contempt for law; it invites every man to become a law unto himself; it invites anarchy. To declare that in the administration of the criminal law the end justifies the means — to declare that the Government may commit crimes in order to secure the conviction of a private criminal — would bring terrible retribution. Against that pernicious doctrine this court should resolutely set its face.
Página 261 - The principle that a State may not knowingly use false evidence, including false testimony, to obtain a tainted conviction, implicit in any concept of ordered liberty, does not cease to apply merely because the false testimony goes only to the credibility of the witness. The jury's estimate of the truthfulness and reliability of a given witness may well be determinative of guilt or innocence...
Página 1 - I also ask unanimous consent that questioning in the matter under consideration proceed under clause 2(j)(2) of House...
Página 708 - But in view of our construction of the word "willfully" the jury should have been further instructed that it was not sufficient that petitioners had a generally bad purpose. To convict it was necessary for them to find that petitioners had the purpose to deprive the prisoner of a constitutional right, eg the right to be tried by a court rather than by ordeal.
Página 708 - Neither knowledge nor recklessness or negligence as to whether conduct constitutes an offense or as to the existence, meaning or application of the law determining the elements of an offense is an element of such offense, unless the definition of the offense or the Code so provides.
Página 709 - The fact that the defendants may not have been thinking in constitutional terms is not material where their aim was not to enforce local law but to deprive a citizen of a right and that right was protected by the Constitution.
Página 259 - Jury and at trial, had deprived him of his right to due process of law, guaranteed under the Fourteenth Amendment to the United States Constitution and article I, section 10, of the Constitution of Rhode Island.
Página 342 - FBI's accomplishments would be submerged in the claiming of credit by the Task Force beyond its actual contribution. The FBI's program embodies the separation of the investigative and prosecutive aspects of the drive against organized crime. Historically, we have found it to be true that greater efficiency results and responsibilities are clearly established when investigators investigate and prosecutors prosecute.
Página 755 - We stand adjourned. [Whereupon, at 4:47 pm, the subcommittee was adjourned, to reconvene at the call of the Chair.] [The prepared statement of Hon.
Página 708 - We do say that a requirement of a specific intent to deprive a person of a federal right made definite by decision or other rule of law saves the Act from any charge of unconstitutionality on the grounds of vagueness.

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