Title

Contents

pdf iconDownload PDF

p. vii

read more

Acknowledgments

pdf iconDownload PDF

pp. ix-x

I have written a book about the American trial system. But the book comes out of a decade of studying the trial systems in other countries. For that reason, I owe an enormous debt of gratitude to many people who have helped me with comparative research over...

read more

Introduction

pdf iconDownload PDF

pp. 1-4

Up until the 1990s, American lawyers and judges seemed to have many reasons to be proud of our criminal justice system. While none of them could have been na

read more

Chapter 1: Soccer, Football, and Trial Systems

pdf iconDownload PDF

pp. 5-24

In a book that attacks our criminal trial system, readers rightly expect that the author will discuss topics such as juries, the jury selection process, the appalling behavior of trial lawyers, and a trial system that emphasizes winning much more than truth. Yet this...

read more

Chapter 2: Technicalities and Truth

pdf iconDownload PDF

pp. 25-45

Just as all football-loving Americans believe that enough time and effort devoted to rulings on the football field will yield something close to adjudicative perfection, American judges have the same confidence that adjudicative perfection is achievable in their...

read more

Chapter 3: Truth and the Amount of Evidence Available at Trial

pdf iconDownload PDF

pp. 46-68

Imagine that the following crime occurs and you are a homicide detective: Neighbors in an apartment building hear a scream around 11 p.m. Then two shots ring out in a ground floor apartment. The police are called. There is no response to a knock on the door so they...

read more

Chapter 4: A Trial System in Trouble

pdf iconDownload PDF

pp. 69-88

To be strong, every criminal justice system has to be built upon a trial system in which it has confidence. While it is na

read more

Chapter 5: Discovering Who We Are

pdf iconDownload PDF

pp. 89-116

In this chapter, I will describe in overview the trial systems of four different western countries: the Netherlands, Germany, Norway, and England. I chose the first three because their criminal justice systems are well respected and yet they vary considerably from one...

read more

Chatper 6: Criminal Trials in the United States

pdf iconDownload PDF

pp. 117-139

In the previous chapter I presented sketches of four western trial systems, demonstrating the considerable variety among them. Indeed, even within a single country there is often more than one model for criminal trials. For example, England and Norway use...

read more

Chapter 7: Trials without Truth

pdf iconDownload PDF

pp. 140-153

As a group, the American judiciary is the most powerful in the world. We are accustomed to seeing judges at all levels strike down local, state, or federal statutes and regulations for any number of constitutional reasons. This is a power that judges don’t have in...

read more

Chapter 8: The Supreme Court

pdf iconDownload PDF

pp. 154-182

One of the difficulties with the American criminal justice system is that it is heavily constitutionalized. Any reform proposal, even a rather minor one, runs up against the argument that it would violate the Constitution as interpreted by the Supreme Court...

read more

Chapter 9: A Weak Trial System

pdf iconDownload PDF

pp. 183-199

A weak trial system can have serious consequences for any country. While it is na

read more

Chapter 10: Juries

pdf iconDownload PDF

pp. 200-220

A criminal justice system is an organic whole that is only as strong as its weakest part. A system may have the greatest trial procedures in the world, but if the rules governing the investigation do not allow the police to gather a sufficient amount of reliable evidence...

read more

Chapter 11: Starting Down the Path to Reform

pdf iconDownload PDF

pp. 221-233

For the last decade the American public has been told over and over by bar leaders that our trial system is basically sound and that whatever problems have emerged in recent trials they are isolated occurrences that can be attributed largely to human error. This...

Notes

pdf iconDownload PDF

pp. 235-242

Further Readings

pdf iconDownload PDF

pp. 243-248

Index

pdf iconDownload PDF

pp. 249-254

About the Author

pdf iconDownload PDF

p. 257