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Guilty : The Collapse of Criminal Justice

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Title: Guilty : The Collapse of Criminal Justice
by Harold J. Rothwax
ISBN: 0-446-67304-8
Publisher: Warner Books
Pub. Date: 01 January, 1997
Format: Paperback
Volumes: 1
List Price(USD): $13.99
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Average Customer Rating: 4.46 (13 reviews)

Customer Reviews

Rating: 5
Summary: Astonishing and Frightening
Comment: 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.

Rating: 4
Summary: Excellent source of information, but read between the lines.
Comment: 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.

Rating: 4
Summary: An Eye-Opening, if Apocolyptic Look At the Justice System
Comment: While almost all would agree that the American judicial system has its flaws, Judge Harold Rothwax proposes some of the most drastic changes to the system I have encountered. If Judge Rothwax's experiences in the New York City courts have transformed him from a card-carrying ACLU member to a staunch advocate for the revocation of Miranda and search-and-seizure laws, then I am in fear of what truly occurs in our courtrooms.

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