NCJ Number
85247
Date Published
1981
Length
181 pages
Annotation
Essays present opposing viewpoints in the areas of the fairness of the American legal system, the rights of victims and defendants, the use of police power, and the use of the death penalty.
Abstract
The series of essays on the fairness of the American legal system begins with a presentation by Chief Justice Warren Burger that maintains the system is overly protective of offenders so that justice is unduly obstructed. Other essays in this section argue that the protection accorded defendants, even guilty ones, is protection afforded all citizens who may encounter the criminal justice system, that the sentencing process does not work, that judges are consistent and fair, that juries are swayed toward bias, and that juries are objective and conscientious in their decisionmaking. Essays in the section on the rights of crime victims and defendants present cases for and against preventive detention, the cases for and against the decriminalization of 'victimless' crimes, and arguments in support of public help for victims and recognition of victim precipitation of crimes. Essays in the section on the use of police power present, on the one hand, a perspective of the stress, danger, and demands under which police operate, particularly in high-crime areas. The concluding section presents arguments for and against the use of the death penalty. A format for discussion of the essays is presented, with attention given to the distinguishing of fact and opinion in the essays.