Marching where? Protesting how? Forced how? If Paul thinks that most people who invoke due process in criminal cases are innocent, he has a decidedly different idea of what goes on in the typical American courtroom than was imparted to me at the U. of Texas Law School. The Scottsboro Boys example doesn't dispel my impression that "MOST...," nor, I wager, would it establish the innocence of the average defendant in the mind of the typical working lawyer. It seems that Prof. Finkelman ignored my use of the word "most." On the other hand, I don't know whether he has ever tried a cause, so it may be that he thinks that railroaded defendants 70-odd years ago were typical of the run of criminal defendants in American history. I sense, however, that this discussion has drifted rather afield from the purpose of this list. KG Paul Finkelman <[log in to unmask]> Sent by: Discussion of research and writing about Virginia history <[log in to unmask]> 07/01/2008 12:15 PM Please respond to Discussion of research and writing about Virginia history <[log in to unmask]> To [log in to unmask] cc Subject Re: [VA-HIST] Rights talk Following on Henry's point: Like Civil Rights marchers trying to overturn segregation? Or labor organizers protesting for an 8 hour work day? Or Seventh Day Adventists trying to avoid being forced to work on their Sabbath? Or the Scottsboro Boys asking for something that resembles due process law in a southern courtroom? Prof. Gutzman writes: "My analysis is that most people who find themselves invoking rights do so for unsavory reasons (to get away with murdering an ex-wife, say, as in O.J.'s case), and that's what we should expect; after all, it's the political/moral minority that has to fall back on rights talk." That's a rather sweeping statement. Would you apply it to the gun rights folks who just won the big decision? Not a hostile question; merely asking. Henry Wiencek Paul Finkelman President William McKinley Distinguished Professor of Law and Public Policy Albany Law School 80 New Scotland Avenue Albany, New York 12208-3494 518-445-3386 [log in to unmask] ______________________________________ To subscribe, change options, or unsubscribe please see the instructions at http://listlva.lib.va.us/archives/va-hist.html ______________________________________ To subscribe, change options, or unsubscribe please see the instructions at http://listlva.lib.va.us/archives/va-hist.html