We make clear that we are not required to decide whether in fact Justice Embry was influenced, but only whether sitting on the case then before the Supreme Court of Alabama " 'would offer a possible temptation to the average..
This Court has said, however, that 'Every procedure which would offer a possible temptation to the average man as a judge * * * not to hold the balance nice, clear, and true between the State and the accused denies the latter due process of law.' Tumey v. State of Ohio, 273 U.S. 510, 532, 47 S.Ct.
Every procedure which would offer a possible temptation to the average man as a judge to forget the burden of proof required to convict the defendant, or which might lead him not to hold the balance nice, clear, and true between the state and the accused denies the latter due process of law.
He writes darkly about Israel's own nukes and its possible temptation to use them: "For the first time in history, a people facing extermination while the world either cackles or looks away — unlike the Armenians, Tibetans, World War II European Jews or Rwandans — have the power to destroy the world," he writes.
Moreover, the relevant inquiry is whether the scheme creates a possible temptation--rather than a proven biased result.
If the fear of art is linked to the possible temptation of substituting beautiful things for God, these simplistic and unpleasant diagrams pose no threat.
"Williams must be granted an opportunity to present his claims to a court unburdened by any possible temptation... not to hold the balance nice, clear and true between the State and the accused".
And if you don't want to subject yourself to the possible temptation of someone new, you can make a choice regarding how you relate to the opposite sex.
The Supreme Court taught in Tumey v. Ohio, 273 U.S. 510 (1927) that due process requires judges shielded from any "possible temptation...not to hold the balance nice, clear and true between the State and the accused".
