Frases de Earl Warren

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Earl Warren

Data de nascimento: 19. Março 1891
Data de falecimento: 9. Julho 1974

Earl Warren foi governador da Califórnia entre 1943 e 1953 e Chefe de Justiça dos Estados Unidos de 5 de Outubro de 1953 a 23 de Junho de 1969.

Durante o seu exercício do cargo no Supremo Tribunal, recebeu muitas queixas sobre inconstitucionalidades, como sobre leis de segregação racial, direitos civis, separação das igrejas e do estado, direitos de defesa e enquadramento penal.

Foi Earl Warren que presidiu à Comissão Warren, que investigou o Assassinato de John F. Kennedy.

Photo: Unknown author / Public domain

Citações Earl Warren

„I am unalterably opposed to any species of vigilantes or to any other extra-legal means of a majority exercising its will over a minority“

—  Earl Warren

Views on civil rights declared in the summer of 1938, quoted in Justice for All : Earl Warren and the Nation He Made (2006) by Jim Newton, p. 95
Contexto: I am unalterably opposed to any species of vigilantes or to any other extra-legal means of a majority exercising its will over a minority … I believe that if majorities are entitled to have their civil rights protected they should be willing to fight for the same rights to minorities no matter how violently they disagree with their views. Further, I am convinced that this is the only way they can be preserved.
I believe that the American concept of civil rights should include not only an observance of our Constitutional Bill of Rights, but also absence of arbitrary action by government in every field.

„I believe the preservation of our civil liberties to be the most fundamental and important of all our governmental problems, because it always has been with us and always will be with us and if we ever permit those liberties to be destroyed, there will be nothing left in our system worthy of preservation.“

—  Earl Warren

Views on civil rights declared in a written statement requested by Robert W. Kenny, read during fund raising luncheon at the Biltmore Hotel, in Los Angeles, in the summer of 1938, quoted in Lawyers Guild Review Vol. 13-14 (1953), p. 47; he mentions Frank Hague, who had declared earlier in the year:
Contexto: I believe the preservation of our civil liberties to be the most fundamental and important of all our governmental problems, because it always has been with us and always will be with us and if we ever permit those liberties to be destroyed, there will be nothing left in our system worthy of preservation. They constitute the soul of democracy. I believe that there is grave danger in this country of losing our civil liberties as they have been lost in other countries. There are things transpiring in this country today that are definitely menacing our future; among which are the activities of Mayor Hague and other little Hagues throughout the country. These activities are so basically wrong and so menacing to our institutions that every citizen and particularly every public official should oppose them to the limit of their strength.

„It would indeed be ironic if, in the name of national defense, we would sanction the subversion of one of those liberties — the freedom of association — which make the defense of our nation worthwhile.“

—  Earl Warren

United States v. Robel (1967) - Findlaw file http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=389&invol=258
Contexto: This concept of "national defense" cannot be deemed an end in itself, justifying any exercise of legislative power designed to promote such a goal. Implicit in the term "national defense" is the notion of defending those values and ideals which set this Nation apart. For almost two centuries, our country has taken singular pride in the democratic ideals enshrined in its Constitution, and the most cherished of those ideals have found expression in the First Amendment. It would indeed be ironic if, in the name of national defense, we would sanction the subversion of one of those liberties — the freedom of association — which make the defense of our nation worthwhile.

„The mere fact that he may have answered some questions or volunteered some statements on his own does not deprive him of the right of refrain from answering any further inquiries until he has consulted with an attorney and thereafter consents to be questioned.“

—  Earl Warren

Miranda v. Arizona, 384 U. S. 436, 445 (1965) - Opinion of the Court
Contexto: Prior to any questioning, the person must be warned that he has a right to remain silent, that any statement he does make may be used as evidence against him, and that he has a right to the presence of an attorney, either retained or appointed. The defendant may waive effectuation of these rights, provided the waiver is made voluntarily, knowingly and intelligently. If, however, he indicates in any manner and at any stage of the process that he wishes to consult with an attorney before speaking there can be no questioning. Likewise, if the individual is alone and indicates in any manner that he does not wish to be interrogated, the police may not question him. The mere fact that he may have answered some questions or volunteered some statements on his own does not deprive him of the right of refrain from answering any further inquiries until he has consulted with an attorney and thereafter consents to be questioned.

„He must be warned prior to any questioning that he has the right to remain silent, that anything he says can be used against him in a court of law, that he has the right to the presence of an attorney, and that, if he cannot afford an attorney one will be appointed for him prior to any questioning if he so desires.“

—  Earl Warren

Miranda v. Arizona, 384 U. S. 436, 478-79 (1965)
Contexto: To summarize, we hold that, when an individual is taken into custody or otherwise deprived of his freedom by the authorities in any significant way and is subjected to questioning, the privilege against self-incrimination is jeopardized. Procedural safeguards must be employed to protect the privilege, and unless other fully effective means are adopted to notify the person of his right of silence and to assure that the exercise of the right will be scrupulously honored, the following measures are required. He must be warned prior to any questioning that he has the right to remain silent, that anything he says can be used against him in a court of law, that he has the right to the presence of an attorney, and that, if he cannot afford an attorney one will be appointed for him prior to any questioning if he so desires.

„This concept of "national defense" cannot be deemed an end in itself, justifying any exercise of legislative power designed to promote such a goal.“

—  Earl Warren

United States v. Robel (1967) - Findlaw file http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=389&invol=258
Contexto: This concept of "national defense" cannot be deemed an end in itself, justifying any exercise of legislative power designed to promote such a goal. Implicit in the term "national defense" is the notion of defending those values and ideals which set this Nation apart. For almost two centuries, our country has taken singular pride in the democratic ideals enshrined in its Constitution, and the most cherished of those ideals have found expression in the First Amendment. It would indeed be ironic if, in the name of national defense, we would sanction the subversion of one of those liberties — the freedom of association — which make the defense of our nation worthwhile.

„You sit up there, and you see the whole gamut of human nature.“

—  Earl Warren

Interview in 1953 after being appointed to the Supreme Court, as quoted in Earl Warren : A Political Biography (1967) by Leo Katcher, p. 315
Contexto: You sit up there, and you see the whole gamut of human nature. Even if the case being argued involves only a little fellow and $50, it involves justice. That's what is important.

„These activities are so basically wrong and so menacing to our institutions that every citizen and particularly every public official should oppose them to the limit of their strength.“

—  Earl Warren

Views on civil rights declared in a written statement requested by Robert W. Kenny, read during fund raising luncheon at the Biltmore Hotel, in Los Angeles, in the summer of 1938, quoted in Lawyers Guild Review Vol. 13-14 (1953), p. 47; he mentions Frank Hague, who had declared earlier in the year:
Contexto: I believe the preservation of our civil liberties to be the most fundamental and important of all our governmental problems, because it always has been with us and always will be with us and if we ever permit those liberties to be destroyed, there will be nothing left in our system worthy of preservation. They constitute the soul of democracy. I believe that there is grave danger in this country of losing our civil liberties as they have been lost in other countries. There are things transpiring in this country today that are definitely menacing our future; among which are the activities of Mayor Hague and other little Hagues throughout the country. These activities are so basically wrong and so menacing to our institutions that every citizen and particularly every public official should oppose them to the limit of their strength.

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„Prior to any questioning, the person must be warned that he has a right to remain silent, that any statement he does make may be used as evidence against him, and that he has a right to the presence of an attorney, either retained or appointed.“

—  Earl Warren

Miranda v. Arizona, 384 U. S. 436, 445 (1965) - Opinion of the Court
Contexto: Prior to any questioning, the person must be warned that he has a right to remain silent, that any statement he does make may be used as evidence against him, and that he has a right to the presence of an attorney, either retained or appointed. The defendant may waive effectuation of these rights, provided the waiver is made voluntarily, knowingly and intelligently. If, however, he indicates in any manner and at any stage of the process that he wishes to consult with an attorney before speaking there can be no questioning. Likewise, if the individual is alone and indicates in any manner that he does not wish to be interrogated, the police may not question him. The mere fact that he may have answered some questions or volunteered some statements on his own does not deprive him of the right of refrain from answering any further inquiries until he has consulted with an attorney and thereafter consents to be questioned.

„The censor's sword pierces deeply into the heart of free expression.“

—  Earl Warren

Dissent in Times Film Corp. v. City of Chicago 365 U.S. 43 (1961)
1960s

„I always turn to the sports section first. The sports section records people's accomplishments; the front page nothing but man's failures.“

—  Earl Warren

As quoted in Sports Illustrated (22 July 1968)
Variants:
I always turn to the sports page first, which records people's accomplishments. The front page has nothing but man's failures.
As quoted in Best Sports Stories : 1975 (1976) by Irving T. Marsh
I always turn to the sports pages first, which records people's accomplishments. The front page has nothing but man's failures.
As quoted in The Norton Book of Sports (1992) by George Plimpton, p. 470
1960s

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