NCJ Number
9686
Date Published
1970
Length
212 pages
Annotation
A CASE STUDY OF A MAJOR AMERICAN CRIMINAL COURT SYSTEM EXAMINES THE TRADITIONAL ASSUMPTIONS AND IDEAS OF THE INTERNAL COURT APPARATUS.
Abstract
THE AUTHOR IDENTIFIES THE FUNDAMENTAL MYTHS ABOUT THE AMERICAN LEGAL SYSTEM. HE CONSIDERS THE MAJOR MYTH THAT OUR SYSTEM IS ACCUSATORIAL RATHER THAN INQUISITORIAL. INSTEAD HE CONTENDS THAT OUR SYSTEM OF 'BARGAIN JUSTICE' DOES NOT MEET THE STANDARDS OF DUE PROCESS AND THAT JUDGES, CONTRARY TO POPULAR OPINION, DO PARTICIPATE IN THE PLEA BARGAIN PROCESS. THIS VOLUME SEEKS TO DESTROY THE MYTH THAT CRIMINAL LAWYERS ARE ENGAGED IN 'DEFENDING' CLIENTS AND THAT PROBATION AND PSYCHIATRY, AS 'HELPING' PROFESSIONS IN THE COURT SETTING, SERVE BOTH THE DEFENDANT AND THE COURT ORGANIZATION IN FURNISHING OBJECTIVE, IMPARTIAL EVALUATIONS AND REPORTS.