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I say...upon this point, what <small>JUDGE BLACKSTONE</small> says; and that is, that the right to resist oppression always exists, but that those who compose the nation at any given time must be left to judge for themselves when oppression has arrived at a pitch to justify the exercise of such right.
I have been reminded that I sit here as counsel for the defendant. I certainly do so, so far as to interpose between him and the counsel for the prosecution, and to see that no improper use of the law is made against him, and that no improper evidence is given to the jury: but the Judge has another task to perform, which is that of assisting the jury in the administration of justice.
A member of the Bar is not entitled to refuse his services to anyone who seeks to employ him. He has been said to be like a cabman on the rank: it is his duty to place himself at the disposal of the first person who hails him and he has no right to exercise any discrimination... This principle also has its origin in the conception of the special position of the advocate in the public administration of justice. It is essential that no citizen should be unable to procure the adequate presentation of his case in Court, however unpopular or even unworthy he may be.
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But as a judge looking back, the most you can hope for is you have done fairness to each person who has come before you, decided each case on the facts and the law, and that you have just carried on the tradition of a neutral, impartial judiciary. That is what we do. We just resolve cases and controversies. Lawyers are supposed to be fierce advocates, and I was once a fierce advocate for my clients. But a judge is supposed to listen courteously and rule impartially.
The great joy of being a prosecutor is that you don’t take whatever case walks in the door. You evaluate the case, you make your best judgement, you only go forward if you believe that the defendant is guilty. You may well be wrong, but you have done your best to ensure that as far as the evidence that you are able to attain, the person is guilty. It is the kind of even-handed balancing that a judge should undertake although of course a judge has the advantage of having somebody speak for the other side.
I am compelled to plead my own defence before this Court. There are two reasons: first, because I have been deprived almost entirely of legal advice; second, because only he who has been outraged as deeply as I, and who has seen his country so forsaken, its justice so reviled, can speak on an occasion like this with words made of the blood of his own heart and the very marrow of truth.
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