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Escape of the Guilty: What a Wisconsin Judge Thinks About the Criminal Justice System

NCJ Number
110932
Journal
Marquette Law Review Volume: 70 Issue: 4 Dated: (Summer 1987) Pages: 633-646
Author(s)
D E Schultz
Date Published
1987
Length
14 pages
Annotation
This article comments on the book called 'Escape of the Guilty,' written by a Milwaukee County Circuit judge who argues that (1) the lenient treatment of young offenders, (2) allowing the guilty to escape punishment on technicalities, and (3) compromises with those who have violated the law have caused a tremendous increase in crime.
Abstract
The book has generated considerable debate and media attention. It focuses on the adult and juvenile justice systems, plea bargaining, the Miranda rules, the exclusionary rule, and the insanity defense. The chapters devoted to plea bargaining are the strongest in the book and make the reader examine the emphasis the system places on it. However, the discussion fails to account for the heavy caseloads that generate much of the bargaining and assumes that abolishing plea bargaining in the courts will cause it to go away completely. The discussions criticizing the Miranda rules and the impact of the exclusionary rule are the weakest in the book. Overall, the book succeeds in calling attention to problems in the present administration of justice and in presenting historical background. However, it does not succeed in advancing solutions to problems. 32 references.

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