Guilty Guilty Guilty: The Collapse of Criminal Justice

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Rothwax takes us inside his courtroom and tells tales of justice gone awry that only a seasoned judge could disclose. We are in his chambers as he does battle with lawyers more interested in their personal ambitions than justice. We are at a judicial conference where Rothwax stumps fifty appeals court judges, who admit they don't understand the Supreme Court's latest search-and-seizure rulings. We are in the courtroom, where Rothwax must sit patiently and allow lawyers to willfully obfuscate the truth. According ...
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More About This Book

Overview

Rothwax takes us inside his courtroom and tells tales of justice gone awry that only a seasoned judge could disclose. We are in his chambers as he does battle with lawyers more interested in their personal ambitions than justice. We are at a judicial conference where Rothwax stumps fifty appeals court judges, who admit they don't understand the Supreme Court's latest search-and-seizure rulings. We are in the courtroom, where Rothwax must sit patiently and allow lawyers to willfully obfuscate the truth. According to Rothwax, America is fast becoming a nation of bad laws, in which criminals and defense attorneys hide behind a morass of poorly conceived statutes, procedures, and rulings that prevent courts from resolving the paramount question at hand: Did the accused commit the crime? In trial after maddening trial, Rothwax sees the truth sacrificed at the altar of an increasingly areane process designed to protect the rights of criminals.
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Editorial Reviews

Publishers Weekly - Publisher's 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. (Feb.)
Gilbert Taylor
" 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.
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Product Details

  • ISBN-13: 9780679438670
  • Publisher: Random House Publishing Group
  • Publication date: 1/23/1996
  • Edition number: 1
  • Pages: 238
  • Product dimensions: 6.37 (w) x 9.57 (h) x 1.05 (d)

Table of Contents

Aknowledgments
Prologue: The Passing Parade: The View from the Bench 3
1 Anything But the Truth: Truth Undermined by "Fairness" - and Criminals Go Free 15
2 Snowy Nights and Cars on the Run: The Fourth Amendment and the Suppression of Evidence 35
3 The Silence of the Fox: Miranda and the Quagmire of Coercion, Confession, and Conscience 66
4 Clam Up and Call Your Lawyer: The Right to Counsel and the Rules of Investigation 88
5 The Rush to Nowhere: Speedy Trial Statutes Do Not Guarantee Rapid Justice 107
6 The Theater of the Absurd: Anything Goes in the Modern American Courtroom 121
7 The Plea Bargain: Tortured Outcome of an Overwhelmed System 143
8 Poker-Faced Justice: How Liberal Discovery Laws Can Hide the Facts and Subvert the Truth 167
9 Speak No Evil: The Truth, a Defendant's Accountability, and the Fifth Amendment 186
10 A Jury of our Fears: Twelve "Ordinary" Citizens the Legal System Doesn't Trust with the Truth 197
11 Judgment Day: A Demand for Common Sense in the Courtroom 222
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Customer Reviews

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Sort by: Showing 1 Customer Reviews

  • Anonymous

    Posted May 5, 2004

    A stunning indictment of America's criminal justice system

    An excellent book that will make you mad as hell! You may not agree with all of Judge Rothman's recommendations, but his arguments are powerful. We can take several giant steps back toward reason without infringing on the rights of suspects.

    Was this review helpful? Yes  NoThank you for your feedback.   Report this reviewThank you, this review has been flagged.
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