Free Ebook Guilty: The Collapse of Criminal Justice, by Harold J. Rothwax
After downloading and install the soft documents of this Guilty: The Collapse Of Criminal Justice, By Harold J. Rothwax, you could start to review it. Yeah, this is so satisfying while somebody must read by taking their huge books; you are in your brand-new means by just manage your gadget. Or even you are working in the workplace; you can still make use of the computer to check out Guilty: The Collapse Of Criminal Justice, By Harold J. Rothwax fully. Certainly, it will not obligate you to take lots of web pages. Merely page by page depending on the moment that you have to read Guilty: The Collapse Of Criminal Justice, By Harold J. Rothwax
Guilty: The Collapse of Criminal Justice, by Harold J. Rothwax
Free Ebook Guilty: The Collapse of Criminal Justice, by Harold J. Rothwax
New upgraded! The Guilty: The Collapse Of Criminal Justice, By Harold J. Rothwax from the very best writer as well as publisher is now readily available right here. This is the book Guilty: The Collapse Of Criminal Justice, By Harold J. Rothwax that will certainly make your day checking out becomes completed. When you are searching for the published book Guilty: The Collapse Of Criminal Justice, By Harold J. Rothwax of this title in the book store, you might not find it. The troubles can be the minimal versions Guilty: The Collapse Of Criminal Justice, By Harold J. Rothwax that are given in guide store.
As recognized, book Guilty: The Collapse Of Criminal Justice, By Harold J. Rothwax is popular as the window to open up the world, the life, and extra point. This is what the people now need a lot. Even there are lots of people who don't like reading; it can be an option as referral. When you actually need the ways to create the next motivations, book Guilty: The Collapse Of Criminal Justice, By Harold J. Rothwax will truly guide you to the way. Moreover this Guilty: The Collapse Of Criminal Justice, By Harold J. Rothwax, you will have no remorse to get it.
To get this book Guilty: The Collapse Of Criminal Justice, By Harold J. Rothwax, you might not be so confused. This is online book Guilty: The Collapse Of Criminal Justice, By Harold J. Rothwax that can be taken its soft file. It is various with the on-line book Guilty: The Collapse Of Criminal Justice, By Harold J. Rothwax where you could purchase a book and after that the vendor will send out the printed book for you. This is the area where you could get this Guilty: The Collapse Of Criminal Justice, By Harold J. Rothwax by online as well as after having deal with acquiring, you can download and install Guilty: The Collapse Of Criminal Justice, By Harold J. Rothwax on your own.
So, when you need quick that book Guilty: The Collapse Of Criminal Justice, By Harold J. Rothwax, it doesn't have to wait for some days to receive the book Guilty: The Collapse Of Criminal Justice, By Harold J. Rothwax You could straight obtain the book to conserve in your device. Also you enjoy reading this Guilty: The Collapse Of Criminal Justice, By Harold J. Rothwax anywhere you have time, you could enjoy it to review Guilty: The Collapse Of Criminal Justice, By Harold J. Rothwax It is surely useful for you that want to obtain the more priceless time for reading. Why do not you invest five minutes as well as invest little cash to get the book Guilty: The Collapse Of Criminal Justice, By Harold J. Rothwax right here? Never let the new point quits you.
Drawing on a career's worth of experience and using the O.J. Simpson trial as a prime example, a well-respected state supreme court judge makes the case for 10 major reforms of the criminal justice system, including the end of unnanimous jury verdicts; the elimination of the Miranda rulings; and a new interpretation of the Fourth and Fofth Amendments.
- Sales Rank: #1675422 in Books
- Published on: 1997-01-01
- Original language: English
- Number of items: 1
- Dimensions: 8.00" h x .63" w x 5.25" l,
- Binding: Paperback
- 256 pages
Amazon.com Review
Judge Rothwax was a defense lawyer before becoming a New York trial judge 25 years ago, and now his nickname among defense lawyers is "the prince of darkness." He is known as one of the hardest judges on the bench, extremely unsympathetic to the accused. This book will reinforce his reputation. Rothwax is convinced that procedural scruples are causing appellate judges to release large numbers of dangerous criminals, and that this is threatening "the collapse of criminal justice." In this strident polemic he calls for a loosening of rules of evidence in favor of the prosecution, a limiting of a suspect's right to a lawyer during the investigative phase, a complete repudiation of the police Miranda warning, and technical changes to speed trials.
From Publishers Weekly
Ex-defense attorney Rothwax is known as one of the toughest trial court judges in New York City, and he remains incensed that villains go free because of what he considers not-so-defensible legal protections. Some of his arguments are bold?repudiate the Miranda decision, which requires defendants to be advised of their rights; limit suspects' right to a lawyer during the investigative phase?and assume a good faith on the part of the police that many would deny. Other procedural arguments, born of experience, seem more logical: reform the rules requiring a speedy trial, which affect the prosecution far more than the defense; to prevent defendants from changing their stories after gaining "discovery" access to the prosecution's case, require them to file a sealed envelope containing their version of the case?to be unsealed if they take the stand. Like the rest of this brief book, Rothwax's suggestion that jury verdicts of 10-2 be allowed surely will become part of the debate over our court system in these post-O.J. days. Author tour.
Copyright 1995 Reed Business Information, Inc.
From Booklist
" Did you do it?" Judge Rothwax yearns to ask criminal defendants appearing before him. But he never gets to, because lawyers ask instead whether the search was proper, the defendant was read his Miranda rights, the confession was uncoerced, and the accused is getting a speedy trial. The result, Rothwax believes after 25 years of presiding over such devotion to procedure, is that truth has become an orphan of justice. Rothwax minces no words in this populistic castigation of the so-called administration of justice, whose malaise he illustrates in the anecdotal mode. The number of murderers let loose on technicalities is merely the most grievous instance of the triumph of rigid proceduralism over common sense; Rothwax argues that the whole system is so rule-encrusted that each stage, from investigation to incarceration, is more lottery than truth-seeking, because the police, prosecuters, and even experienced judges like himself can't predict what an appellate tribunal will deem reversible error. Rothwax's reforms--like repealing Miranda will irritate his fellow ACLUnionists, but their aspersions can't impede this mad-as-hell manifesto from a probable ascent up the best-seller ladder. Gilbert Taylor
Most helpful customer reviews
0 of 0 people found the following review helpful.
Our criminal justice system is in need of substantial reform
By Jill Malter
Here is a book from a judge that reviews some obvious problems with our criminal justice system. Some of these problems have been most obvious in high-profile cases, but that in no way means that the system is working for low-profile ones, as Rothwax shows.
Rothwax starts by making a very strong point. The main problem is that criminal justice rarely involves a search for the truth. It is all well and good to discuss police misconduct or various extenuating factors, but none of this is proper until you answer what ought to be the very first question: did the defendant commit the crime? If you get that answer right, you can try to make a just ruling. If you can't get that one right, that is a big problem.
And in some cases, the evidence of guilt is simply suppressed. How can that help us produce justice?
One very good recommendation that Rothwax makes is to have defendents come up with their side of the story in a sealed envelope. Defendants would not be required to do this: they'd need to do it only if they wanted to see the prosecution's case via pretrial discovery. As things stand, they change their stories to fit the prosecution case. As Rothwax says, they'll start with "I wasn't there!" And when the prosecution has a video to disprove that, they'll say "It was self-defence!" And when the prosecution proves that the victim had no weapon, they'll say "I was crazy!" Stories are concocted to fit the facts the prosecution has discovered. The Menendez and O. J. Simpson trials are dramatic examples of this.
Rothwax's point is simple: "truth must be the goal of any rational procedural system."
Next we get to laws about search and seizure. These are shown to be hopelessly confusing, particularly when it is vehicles that are being searched or seized. Rothwax says that we should get rid of the mandatory "exclusionary rule," and replace it by a reasonableness criterion, as is done in Germany, for example.
The Miranda rule is discussed after that. While it has been useful in some cases to avoid having people get browbeaten into confessing to crimes, it is sometimes wrongfully applied to voluntary confessions. Once again, the first question ought to be: did the defendant commit the crime? If we answer that one correctly, we can proceed from there. We may even let a guilty person go free because the police mistreated him, but it ought to be with the full legal knowledge that he committed the crime he was accused of. Rothwax points out that the effect of Miranda is to say to a defendant "I urge you not to confess." It helps make trials a kind of game in which any defendant always has a sporting chance to escape, and that is quite a ways from truth or justice.
Two more points that Rothwax makes include the fact that peremptory challenges of jurors should be disallowed (they tend to result in stacking the jury), and that juries should be told to regard the refusal of a defendant to testify to explain what would normally be considered evidence against him as indicating the truth of that evidence.
But perhaps the best point of all that the author makes is that juries simply are very poor determiners of truth.
10 of 12 people found the following review helpful.
Astonishing and Frightening
By D. Rizzo
This book pulls no punches and contains no fancy words. Harold Rothwax tells it like it is....
When the criminal justice system fails, and the obviously and often admittedly guilty go free to wreak more havoc on innocent citizens, we should feel outraged... and I'd guess that we do, when we hear about it as we do infrequently. But the sympathy extended to the perpetrators of violent crimes is both misplaced and as wrong as the crimes themselves. Rothwax, a judge, sees these decisions made routinely, as he deals with their aftermath. He is outraged. He is beyond outraged.
He makes a compelling case for a modification in our criminal justice system. Criminal juries shouldn't need 100% agreement to deliver a verdict, which they already don't need in civil cases. One lone kook shouldn't hold up what's obvious to a clear majority. He suggests forgetting Miranda... if someone is screaming confessions, it's a CONFESSION. What a lot of effort, time, and money those confessions save! Getting criminals off on technicalities -- especially technicalities that lawyers search for painstakingly with the sole goal of getting their clients off -- is a perverse and morally reprehensible function of the court, and it should be inadmissable when the parties involved behaved with logic and discretion to the satisfaction of the court.
The cases that Rothwax cites, cases in which innocent adults and children suffered at the hands of a meticulous and ill-advised court, will break your heart and make you scream for justice.
For this is a book about justice. It is not a book about law. Unfortunately, the two diverge more than the American public would like to acknowledge.
2 of 2 people found the following review helpful.
Excellent source of information, but read between the lines.
By A Customer
Judge Rothwax is committed to improving the criminal justice system at almost any cost.
While his insights are thought-provoking his review of the problems tend to lack
analysis of possible solutions. Albeit, there are no easy answers to what ails the
justice system -- particularly in New York -- but it is difficult to accept his
harsh criticisms of the system without a more thorough analysis.
Overall this is an excellent book for people who have a sense of what courtroom life
is about (and not from Court TV), are interested in the issues of social justice and the
implications of the basic principal of "innocent until proven guilty". Judge Rothwax does an
excellent job of stimulating this debate.
Guilty: The Collapse of Criminal Justice, by Harold J. Rothwax PDF
Guilty: The Collapse of Criminal Justice, by Harold J. Rothwax EPub
Guilty: The Collapse of Criminal Justice, by Harold J. Rothwax Doc
Guilty: The Collapse of Criminal Justice, by Harold J. Rothwax iBooks
Guilty: The Collapse of Criminal Justice, by Harold J. Rothwax rtf
Guilty: The Collapse of Criminal Justice, by Harold J. Rothwax Mobipocket
Guilty: The Collapse of Criminal Justice, by Harold J. Rothwax Kindle
Tidak ada komentar:
Posting Komentar