Weems V. United States - Arguments

Arguments

The argument brought by the plaintiff contained four points, one of which was abandoned due to a mistake of fact. The abandoned point was that the record did not state that Weems was arraigned, that he issued a plea to the complaint upon his demurrer being overruled, and that he was "ordered to plead to the complaint."

The three points that the plaintiff actually argued are as follows:

  • First, the Philippine court was in error when it overruled Weems' demurrer. This point is based on the plaintiff being described as a "disbursing officer of the Bureau of Coast Guard and Transportation of the Philippine Islands," a body politic which does not exist.
  • Second, the record did not demonstrate that Weems was present when he was tried, or that he was actually in court at any time.
  • Third, the Philippine court's sentence of 15 years in prison constituted cruel and unusual punishment, necessitating a reversal of the judgment.

Read more about this topic:  Weems V. United States

Famous quotes containing the word arguments:

    “Because a person is born the subject of a given state, you deny the sovereignty of the people? How about the child of Cuban slaves who is born a slave, is that an argument for slavery? The one is a fact as well as the other. Why then, if you use legal arguments in the one case, you don’t in the other?”
    —Franz Grillparzer (1791–1872)

    “Argument is conclusive ... but ... it does not remove doubt, so that the mind may rest in the sure knowledge of the truth, unless it finds it by the method of experiment.... For if any man who never saw fire proved by satisfactory arguments that fire burns ... his hearer’s mind would never be satisfied, nor would he avoid the fire until he put his hand in it ... that he might learn by experiment what argument taught.”
    —Roger Bacon (c. 1214–1294)

    “‘Tis happy, therefore, that nature breaks the force of all sceptical arguments in time, and keeps them from having any considerable influence on the understanding. Were we to trust entirely to their self-destruction, that can never take place, ‘till they have first subverted all conviction, and have totally destroy’d human reason.”
    —David Hume (1711–1776)