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Crime Quote by Joy James

“A deep-seated ambivalence has always characterized the official response to the political prisoner. Charged and tried for the criminal act, his guilt is always political in nature. This ambivalence is perhaps best captured by Judge Webster Thayer’s comment upon sentencing Bartolomeo Vanzetti to…” quote by Joy James
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““A deep-seated ambivalence has always characterized the official response to the political prisoner. Charged and tried for the criminal act, his guilt is always political in nature. This ambivalence is perhaps best captured by Judge Webster Thayer’s comment upon sentencing Bartolomeo Vanzetti to fifteen years for an attempted payroll robbery: “This man, although he may not have actually committed the crime attributed to him, is nevertheless morally culpable, because he is an enemy of our existing institutions.” (The very same judge incidentally, sentences Sacco and Vanzetti3 to death for a robbery and murder of which they were manifestly innocent.)4 It is not surprising that Nazi Germany’s foremost constitutional lawyer, Carl Schmitt, advanced the theory which generalized this a priori culpability. A thief, for example, was not necessarily one who had committed an overt act of theft, but rather one whose character renders him a thief (wer nach seinem wesen ein Dieb ist).””

Joy James

About This Quote

Source Essay: 'The Ambivalence of Political Guilt' in 'The Politics of Punishment', 2010

Political guilt is often assigned based on perceived threat to institutions rather than actual wrongdoing.

In simple terms: Society blames people for political reasons.

Key Takeaway

Question the basis of political accusations.

Themes

politics justice guilt institutional power

Mood

critical analytical

Type

ethical political

When to use this quote

  • activism
  • legal defense
  • public policy
  • education

Key Concepts

legal theory moral philosophy statecraft

Questions to Reflect On

  • What safeguards protect against wrongful political guilt?
  • How can institutions ensure fair trials?
A Different Perspective

Overemphasis on threat can ignore factual innocence.

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