Re: holmes from a Minn case:
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Posted by gareth on November 17, 19102 at 21:00:15:
In Reply to: famous quotes posted by Amy Standefer on September 12, 19100 at 12:48:05:
: Was it Oliver Wendell Holmes who said "The law must keep its promises." If so, what's the source?
: Thanks.
The stay of sentence under the cirstances of this case tends to defeat the rule of law, offending the maxim attributed to Oliver Wendell Holmes, Jr., that “the law must keep its promises.” Letter from Oliver Wendell Holmes, Jr. to Harold J. Laski (Dec. 17, 1925) in 1 Holmes-Laski Letters 806 (Mark DeWolfe Howe ed., 1953); see also Louis Michael Seidman, Points of Intersection: Discontinuities at the Junction of Criminal Law and the Regulatory State, 7 J. Contemp. Legal Issues 97, 105 (1996) (citing to Holmes's maxim for the proposition that “[t]he task of the law is to devise a set of incentives that will determine conduct in a fashion that produces the most good”). While we view rehabilitation as one of the primary purposes of criminal justice, we cannot disregard the equally important goals of deterrence of the individual, of others, and even retribution. Minn. Sent. Guidelines III.A.2 (recognizing the penal objectives of “retribution, rehabilitation, public protection, restitution, deterrence, and public condemnation of criminal conduct”).
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