I was recently having a conversation with someone about the possibility for unreliability and/or unfairness in the criminal justice system. I was reminded of this quote from a Supreme Court case which is from Justice Harry Blackmun's dissenting opinion. The case was Darden v. Wainwright 477 U.S. 168 (1986). Obviously he's talking about the Supreme Court level, but if this could be said about their accuracy, then how shall we communicate about fairness at the trial court level?
"JUSTICE BLACKMUN, with whom JUSTICE BRENNAN, JUSTICE MARSHALL, and JUSTICE STEVENS join, dissenting.
Although the Constitution guarantees a criminal defendant only "a fair trial [and] not a perfect one," Lutwak v. United States, 344 U. S. 604, 344 U. S. 619 (1953); Bruton v. United States, 391 U. S. 123, 391 U. S. 135 (1968), this Court has stressed repeatedly in the decade since Gregg v. Georgia, 428 U. S. 153 (1976), that the Eighth Amendment requires a heightened degree of reliability in any case where a State seeks to take the defendant's life. Today's opinion, however, reveals a Court willing to tolerate not only imperfection but a level of fairness and reliability so low it should make conscientious prosecutors cringe."
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