Get BookThe Supreme Court on Trial How the American Justice System Sacrifices Innocent Defendants

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Book Details :
Published on: 2011-08-15
Released on:
Original language: English

The chief mandate of the criminal justice system is not to prosecute the guilty but to safeguard the innocent from wrongful convictions; with this startling assertion, legal scholar George Thomas launches his critique of the U.S. system and its emphasis on procedure at the expense of true justice.Thomas traces the history of jury trials, an important component of the U.S. justice system, since the American Founding. In the mid-twentieth century, when it became evident that racism and other forms of discrimination were corrupting the system, the Warren Court established procedure as the most important element of criminal justice. As a result, police, prosecutors, and judges have become more concerned about following rules than about ensuring that the defendant is indeed guilty as charged. Recent cases of prisoners convicted of crimes they didn't commit demonstrate that such procedural justice cannot substitute for substantive justice.American justices, Thomas concludes, should take a lesson from the French, who have instituted, among other measures, the creation of an independent court to review claims of innocence based on new evidence. Similar reforms in the United States would better enable the criminal justice system to fulfill its moral and legal obligation to prevent wrongful convictions."Thomas draws on his extensive knowledge of the field to elaborate his elegant and important thesis---that the American system of justice has lost sight of what ought to be its central purpose---protection of the innocent."—Susan Bandes, Distinguished Research Professor of Law, DePaul University College of Law"Thomas explores how America's adversary system evolved into one obsessed with procedure for its own sake or in the cause of restraining government power, giving short shrift to getting only the right guy. His stunning, thought-provoking, and unexpected recommendations should be of interest to every citizen who cares about justice."—Andrew E. Taslitz, Professor of Law, Howard University School of Law"An unflinching, insightful, and powerful critique of American criminal justice---and its deficiencies. George Thomas demonstrates once again why he is one of the nation's leading criminal procedure scholars. His knowledge of criminal law history and comparative criminal law is most impressive."—Yale Kamisar, Distinguished Professor of Law, University of San Diego and Clarence Darrow Distinguished University Professor Emeritus of Law, University of Michigan THE DEATH PENALTY IN THE - The Necromancer Wars BIBLIOGRAPHY: Robert Tanner "Studies Claim Death Penalty is a Deterrent" Democrat and Chronicle June 12 2007. Shelly Klien "The Most Evil Secret Societies in History" Video News - CNN.com Watch breaking news videos viral videos and original video clips on CNN.com. Supreme Court Justice Sonia Sotomayor - Biography.com Follow Sonia Sotomayor's path to becoming the first Latina Supreme Court Justice in U.S. history on Biography.com. Risk - Wikipedia The financial audit risk model expresses the risk of an auditor providing an inappropriate opinion (or material misstatement) of a commercial entity's financial ... Find Lessons - Teaching Civics Lessons for civics government and law-related education in elementary middle and high school classrooms. Includes simulations discussions mock trials case ... Pope Francis Found Guilty Of Child Trafficking Rape ... (Before It's News) Yesterday defendants Pope Francis Bergoglio Catholic Jesuit Superior General Adolfo Pachon and Archbishop of Canterbury Justin Welby ... International News Latest World News Videos & Photos ... Yahoo!-ABC News Network 2017 ABC News Internet Ventures. All rights reserved. U.S. News Latest National News Videos & Photos - ABC ... Get the latest breaking news across the U.S. on ABCNews.com JSTOR: Viewing Subject: Law JSTOR is a digital library of academic journals books and primary sources. Fifth amendment legal definition of fifth amendment Fifth Amendment. The Fifth Amendment to the U.S. Constitution reads: No person shall be held to answer for a capital or otherwise infamous crime unless on a ...
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