By George C. Thomas
the manager mandate of the felony justice procedure isn't really to prosecute the responsible yet to defend the blameless from wrongful convictions; with this startling statement, felony student George Thomas launches his critique of the U.S. procedure and its emphasis on process on the fee of precise justice.
Thomas lines the background of jury trials, a massive element of the U.S. justice method, because the American Founding. within the mid-twentieth century, whilst it grew to become glaring that racism and different kinds of discrimination have been corrupting the approach, the Warren courtroom tested process because the most vital component to legal justice. hence, police, prosecutors, and judges became extra involved in following principles than approximately making sure that the defendant is certainly to blame as charged. contemporary situations of prisoners convicted of crimes they did not dedicate reveal that such procedural justice can't replacement for considerable justice.
American justices, Thomas concludes, should still take a lesson from the French, who've instituted, between different measures, the construction of an autonomous courtroom to check claims of innocence in line with new facts. related reforms within the usa may higher allow the felony justice procedure to satisfy its ethical and felony legal responsibility to avoid wrongful convictions.
"Thomas attracts on his broad wisdom of the sector to intricate his stylish and critical thesis---that the yank approach of justice has overpassed what must be its critical purpose---protection of the innocent."
— Susan Bandes, unique learn Professor of legislation, DePaul college collage of Law
"Thomas explores how America's adversary process developed into one passionate about technique for its personal sake or within the explanation for restraining executive energy, giving brief shrift to getting simply the perfect man. His beautiful, thought-provoking, and unforeseen suggestions could be of curiosity to each citizen who cares approximately justice."
— Andrew E. Taslitz, Professor of legislation, Howard collage university of Law
"An unflinching, insightful, and robust critique of yankee legal justice---and its deficiencies. George Thomas demonstrates once more why he's one of many nation's major felony approach students. His wisdom of felony legislations heritage and comparative felony legislation is such a lot impressive."
— Yale Kamisar, wonderful Professor of legislation, college of San Diego and Clarence Darrow exclusive collage Professor Emeritus of legislation, college of Michigan