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Virtual Justice
The Flawed Prosecution of Crime in America
Language:
English
Published/Copyright:
2008
About this book
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 needor the competenceto 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 virtualrather than actualjustice.
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 virtualrather than actualjustice.
Topics
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Frontmatter
i -
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Contents
vii -
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Acknowledgments
ix -
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Introduction
xi -
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Overview of the American Criminal Justice System
1 -
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1. Virtual Legality In the Held: Fact Gathering at the Scene of the Crime
13 -
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2. The Magical Moment of Arrest: Capture and Custody
28 -
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3. The Marvelous Faculty of Recognition: Eyewitness Identification of a Suspect
40 -
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4. The Exclusionary Rule: The Fabled Doctrine, Its Baleful Side Effects, and a Generally Ignored Technological Remedy
63 -
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5. Stops of People and Vehicles: Some Radical Proposals to Get the Guns Off the Streets
88 -
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6. Privacy and Privilege: Defeating Truth in the Name of Justice
110 -
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7. The Right to Counsel: Dramatic, Deceitful, and Dilatory Assistance
132 -
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8. Executive Discretion: Hard Choices and the Role of the Prosecutor
157 -
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9. Plea Bargaining: Cheap Crimes, Costly Trials
177 -
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10. Picking the Jury: Stacking the Randomly Drawn Panel
200 -
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11. Character as a Guide to Conduct and Credibility: A Grotesque Structure Adorns the Legal Landscape
217 -
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12. Of Witnesses and Jurors: A Tale of Confidence and Error
241 -
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13. Jury Nullification: The Insanity Defense and Other Avoidances
266 -
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14. The Judge: Promoting the Quest for Truth in the Adversary Mode
279 -
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Conclusion
307 -
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Index
313
Publishing information
Pages and Images/Illustrations in book
eBook published on:
October 1, 2008
eBook ISBN:
9780300146134
Pages and Images/Illustrations in book
Main content:
336