Learned Hand (1872-1961) served on the United States District Court and is commonly thought to be the most influential justice never to serve on the Supreme Court. He corresponded with people in different walks of life, some who were among his friends and acquaintances, others who were strangers to him. In the letter below, Hand writes to Mary McKeon, a New Yorker troubled by Hand’s decision to invalidate the warrantless search and consequent arrest of the Soviet spy, Judith Coplon.
To Mary McKeon
December 28, 1950
Dear Miss McKeon:
I have your letter about the Coplon case and I can understand why you are troubled about the result; and because you were not abusive, I am going to try to explain it to you.
It is a rule — well settled by the decisions of the Supreme Court — that evidence which the Government secures by its own violation of law it may not use against the person whose rights have been invaded. An extreme example of this would be in case a United States marshal were to break into the house of an accused person and seize his papers; the Government would not be allowed to use the papers against the person whose house had been entered. The same thing is true of documents found upon the person of one who is unlawfully arrested as was Judith Coplon. That was one ground for the reversal. The other was that during the trial it became necessary for the Government to depend upon evidence which it was unwilling to let her see. The Constitution provides that a person accused of crime is entitled to have all witnesses, who are called against him, brought into court at the trial.
Thus in these two instances the rights of the accused were violated, which is entirely consistent with her guilt. Perhaps, if you reflect, you will agree that it is not desirable to convict people, even though guilty, if to do so it is necessary to violate those rules on which the liberty of all of us depends.
Truly yours,
Learned Hand
The letter above was excerpted from Reason and Imagination: The Selected Letters of Learned Hand, edited by Constance Jordan, a retired professor of comparative literature and also Hand’s granddaughter. In 1944, Coplon, who worked for the Foreign Agents Registration section, was recruited as a spy by the NKGB, i.e., the People’s Commissariat for State Security. In 1949, FBI agents detained Coplon as she met with Valentin Gubitchev, a KGB official employed by the United Nations, while carrying what she thought were secret U.S. government documents; in actuality, they were fakes, planted in her purse at the order of J. Edgar Hoover. Declared guilty of espionage by the United States District Court for the Southern District of New York in 1949, Coplon appealed to the United States Court of Appeals for the Second Circuit. In United States v. Coplon, in an opinion authored by Hand and announced on December 5th, her conviction was overturned.
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Image credit: Judge Learned Hand circa 1910. Public domain via Wikimedia Commons.
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By David A. Leon
Making a difference to the health of populations, however small, is what most people in public health hope they are doing. Epidemiologists are no exception. But often caught up in the minutiae of our day-to-day work, it is easy to lose sight of the bigger picture. Is health improving, mortality declining, are things moving in a positive direction? Getting out and taking in the view (metaphorically as well as literally) can have a salutary effect. It broadens our perspectives and challenges our assumptions. Looking at recent trends in European life expectancy is a case in point.
Since 1950 estimated life expectancy at birth of the world’s population has been increasing. Initially, this was accompanied by a convergence in mortality experience across the globe—with gains in all regions. However, in the final 15 years of the 20th century, convergence was replaced with divergence, in part due to declines in life expectancy in sub-Saharan Africa. However, this global divergence was also the result of declining life expectancy in Europe. Home to 1 in 10 of the world’s population, and mainly comprised of industrialized, high-income countries, Europe has over 50 states. These include Sweden and Iceland that have consistently been ranked among the countries with the highest life expectancies in the world. But while for the past 60 years all Western European countries have shown increases in life expectancy, the countries of Central and Eastern Europe (CEE), Russia and other parts of the former Soviet Union have had a very different, and altogether more negative experience.
Trends in life expectancy between 1970 and the latest year available are shown in the Figure 1 for an illustrative selection of countries. These data were taken from one of two open sources : (i) the WHO Health for All Database or (ii) the Human Mortality Database, depending on which one had the longest time series. Differences between the sources are minimal for the purposes of this editorial. It is important to emphasize at the outset, that with one exception (discussed below), the trends shown in the Figure 1 are overwhelmingly driven by changes in mortality in adult life, not in infancy or childhood and are not the result of artefact.
Former communist countries of Eastern Europe
Between 1970 and the end of the 1980s, life expectancy at birth in the former communist countries of CEE (Czech Republic, Hungary, Poland and Slovakia), Russia and the Baltic states (Estonia, Latvia and Lithuania) stagnated or declined (Figure 1). This led to an increasing gap between them and Western European countries as the latter steadily improved. However, within a few years of the collapse of the Berlin wall in 1989, life expectancy started to steadily increase in the countries of CEE. This vividly illustrates that mortality can decline rapidly in response to political, social and economic change. Interestingly, once underway, the post-1989 increase in life expectancy in these countries has continued at a steady rate that is very similar to Western Europe. These parallel trajectories mean that the East–West gap, measured in terms of absolute differences in years of life expectancy, is proving very difficult to eliminate, despite earnest hopes to the contrary.
The trajectories of Russia and other Soviet countries, including the three Baltic States in the Figure 1, were strikingly different to those of the CEE countries. The anti-alcohol
Marhsall Goldman is a Professor of Economics Emeritus at Wellesley College and Senior Scholar at the Davis Center for Russian Studies at Harvard University. In his forthcoming book, Petrostate: Putin, Power, and the New Russia , Goldman chronicles Russia’s dramatic reemergence on the world stage, illuminating the key reason for its rebirth: the use of its ever-expanding energy wealth to reassert its traditional great power ambitions. In the article below Goldman reflects on Medvedev’s recent victory in the Russian elections and on what it means for Russia.
Dmitri Medvedev’s election (or more accurately, selection) as president of Russia was not much of a cliffhanger. By eliminating any viable contender, his patron, Vladimir Putin did all he could to ensure his protégé’s election. For many Russians, there was little point in even bothering to show up at the polling station–everything had been decided in advance. Except for Medvedev, no other candidate (or even a potential candidate) was allowed meaningful access to TV, much less campaign funding. Large public rallies were restricted, if not banned outright. (more…)
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