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Self Incrimination
"The Bible tells us Daniel was saved by a miracle, but when this court says its final word in this case today, we cannot expect a miracle to save petitioner Turner."
Black on Book of Daniel
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Turner
v.
United States
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Self Incrimination
Justice Black Dissent
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January 20, 1970
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Excerpt:
Commercial traffic in deadly mind, soul, and body-destroying drugs
is beyond doubt one of the greatest evils of our time. It cripples
intellects, dwarfs bodies, paralyzes the progress of a substantial
segment of our society, and frequently makes hopeless and sometimes
violent and murderous criminals of persons of all ages who become its
victims. Such consequences call for the most vigorous laws to suppress
the traffic as well as the most powerful efforts to put these vigorous
laws into effect. Unfortunately, grave evils such as the narcotics
traffic can too easily cause threats to our basic liberties by making
attractive the adoption of constitutionally forbidden shortcuts that
might suppress and blot out more quickly the unpopular and dangerous
conduct. That is exactly the course I think the Court is sanctioning
today.
...It is little less then fantastic even to imagine that those who wrote our Constitution and the Bill of Rights intended to have a government that could create crimes of several separate and independent parts and then relieve the government of proving a portion of them. Of course, within certain broad limits it is not necessary for Congress to define a crime to include any particular set of elements. But if it does, constitutional due process requires the government to prove each element beyond a reasonable doubt before it can convict the accused of the crime it deliberately and clearly defined. Turner's trial therefore reminds me more of Daniel being cast into the lion's den than it does of a constitutional proceeding. The Bible tells us Daniel was saved by a miracle, but when this court says its final word in this case today, we cannot expect a miracle to save petitioner Turner.
Text excerpt:
 The Holy Bible
Book of Daniel
16 Then the king commanded, and they brought Daniel, and cast him into the den of lions. Now the king spake and said unto Daniel, Thy God whom thou servest continually, he will deliver thee.
17 And a stone was brought, and laid upon the mouth of the den; and the king sealed it with his own signet, and with the signet of his lords; that the purpose might not be changed concerning Daniel.
18 Then the king went to his palace, and passed the night fasting: neither were instruments of musick brought before him: and his sleep went from him.
19 Then the king arose very early in the morning, and went in haste unto the den of lions.
20 And when he came to the den, he cried with a lamentable voice unto Daniel: and the king spake and said to Daniel, O Daniel, servant of the living God, is thy God, whom thou servest continually, able to deliver thee from the lions?
21 Then said Daniel unto the king, O king, live for ever.
22 My God hath sent his angel, and hath shut the lions' mouths, that they have not hurt me: forasmuch as before him innocency was found in me; and also before thee, O king, have I done no hurt.
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