NCJ Number
107794
Date Published
1986
Length
272 pages
Annotation
Using case examples from courts around the Nation, a trial judge examines why the criminal justice system fails to protect the victims and society.
Abstract
The advantages of plea bargaining for lawyers, judges, and criminals, but at the expense of the innocent, are discussed. The constraints placed on the criminal justice system by the insanity defense and the exclusionary rule, which prevent juries from hearing voluntary confessions and prevent prosecutors from using evidence of guilt, are described. The effects of these realities and constraints on the credibility of the criminal justice system and its effectiveness as a deterrent are discussed. The workings of the juvenile justice system also are critically considered, with an emphasis on how the doctrine of parens patriae, the secrecy shrouding juvenile proceedings, and bureaucracy coddle even serious juvenile offenders. It is suggested that both the adult and juvenile systems can be effective in deterring crime if the certainty and severity of punishment are increased and if the anticipated penalty outweighs the anticipated gain of crime. Index and approximately 200 references.