Virtual Justice: The Flawed Prosecution of Crime in America

Sprednja platnica
Yale University Press, 1. jan. 1996 - 318 strani
Sensational trials obsessively televised and reported by news media have led many Americans to question the effectiveness of their criminal justice system. Do police have the laws they need--or the competence--to do their job? Can juries recognize the truth in the tangle of evidence presented to them? What do lawyers actually contribute to the quest for justice in the criminal court? In this fascinating book a distinguished legal authority examines the flaws, contradictions, and weaknesses in our American justice system. The gripping stories he tells about the investigation and trial of criminal cases reveal what's really going on and demonstrate how the system often fails to deliver true justice.

H. Richard Uviller deftly covers major aspects of the criminal justice process, from the gathering of evidence, capture and custody, and eyewitness identification to plea bargaining, selecting the jury, and the role of the judge. He illuminates each aspect of the process by creating and then analyzing a scenario drawn from the daily business of the courtrooms of the nation, a scenario in which police or judges may find themselves frustrated or immobilized, often by the law itself. Uviller explains the legal quandaries that often bedevil the process and shows how decisions by the Supreme Court have relieved or aggravated perplexity. He concludes that the prohibitions limiting investigation, the pervasive combat mentality between defense and prosecution lawyers, and, in particular, the power vested in a random collection of ordinary people gathered together as a jury all contribute to a criminal justice system that produces virtual--rather than actual--justice.
 

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Vsebina

Fact Gathering at the Scene
13
Capture and Custody
28
Eyewitness Identification
40
The Fabled Doctrine Its Baleful Side
63
Some Radical Proposals to
88
Defeating Truth in the Name
110
Dramatic Deceitful and Dilatory
132
Hard Choices and the Role
157
Stacking the Randomly Drawn Panel
200
A Grotesque
217
A Tale of Confidence and Error
241
The Insanity Defense and Other
266
Promoting the Quest for Truth in the Adversary
279
Conclusion
307
Index
313
Avtorske pravice

Cheap Crimes Costly Trials
177

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