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BOOK REVIEW
Who better to write about the meticulous downfalls of the United States justice system than one who had been directly involved in it for over 5 years? Such a man is Judge Harold J. Rothwax, who wrote his opinion of the justice system in a book entitled Guilty The Collapse of Criminal Justice.
Evidently, the title itself reveals much of Rothwaxs opinion of the justice system. Through a series of cases and personal experiences, Rothwax corroborates his stance on the collapse of criminal justice. An optimal book for Introductory Law students, I enjoyed reading this book. The selection of cases and interesting rhetoric have helped my comprehension of the law, the amendments and several other topics imperative to learning the truth about the justice system. Rothwax effectively explores the different parts of the system in which he is so deeply involved and disputes and agrees with many options with grace and righteousness. Although, his words are of course biased (in my opinion), they provoke thought rather than telling the readers what to think which is often the case with textbooks. Each chapter focuses on different theme or idea of law. Through cases in which Rothwax has been involved in making decisions, he captivates the readers with the interesting outside details that are often left out. Rothwax certainly provides a viewpoint that I havent read or analyzed much before. As a judge, Rothwax makes the final decisions and provides reasonings for why.
"The Plea Bargain" Buy Guilty term paper
Chapter 7 entitled "The Plea Bargain" was definitely my favorite chapter in this book for several reasons. Rothwax is most clear, concise, and logical in this chapter. Rothwaxs analyzation of the criticisms of plea bargaining one by Professor Albert Alschuler was most effective in proving his point. Rothwax rebuts to each one of Alschulers arguments with he own, seemingly more logical one. The cases that Rothwax uses really exemplify the different angles of plea bargaining fully.
Rothwax writes, "Plea bargains, which require the defendant to plead guilty to at least some of the charges, are close to truth-finding process" (pg. 144). His supporting case dealt with a woman who was accused of grand larceny, of stealing from her company by writing checks to herself. There was a sufficient amount of evidence showing the former accusation was accurate such as canceled checks, as well as a prior felony conviction of the same nature. Because of plea bargaining she was actually offered a plea that was less than what she would have gotten had she gone through a regular trial. The question then arises as to why plea bargaining exists, seeing as it often seems to benefit the convict.
Rothwax proceeds in explaining the reasons behind plea bargaining, such as the factors of volume and complexity---how there are more cases than time for trials in the court. By using actual statistics, Rothwax shows the readers how it is virtually impossible to include all the trials in, and therefore it is imperative to prioritize. Plea bargaining helps in this process because it sorts out the trials into three categories misdemeanors, violations, and lesser charges, which are handled in the criminal court.However, because the sentences are generally less severe, some people assume that those who plea bargain get off easier than those who go to trial. Generally, those who choose to plea bargain do get a lesser sentence; however, there certainly are exceptions as Rothwax points out with the case of the woman who shoplifted.
In the end, Rothwax drives the importance of plea bargaining home while also acknowledging its downfalls, and establishing the truth to several myths. Idealistically, there would be enough time to spend equal attention of each trial and the courts would subsequently not have to prioritize. However, according to Rothwax, plea bargaining is necessary until courts have the ability to pay enough attention to each trial.
"Anything But the Truth"
In the first chapter of the book, Rothwax writes a very interesting introduction by using several very personal stories, so that reading the book seems more like a novel than a book about criminal justice, however all the while youre still learning about law. By retelling the heinous murder of Pamela Powers with gruesome details, Rothwax recreates how awful the murder was, and then proceeds to write about the results of the murder. By juxtaposing the two feelings, the readers are impacted by the injustice of the outcome of such a brutal crime. Such a murder would expectedly result in the death penalty or life imprisonment. However, because of the trivial technicalities the attention of the case was reversed from how the murdered should be punished to the technicalities of the actual confession. The police officer supposedly coerced the murderer to reveal things that werent allowed at that point. However, the truth of the matter is regardless of how the murdered was convicted, (even though the officer did not even threaten him or anything), he still nevertheless murdered someone, and that fact should not be overlooked but too often is in the justice system.
The switch of attention from the main point to one of much less significance is an important theme in Rothwaxs book, and he very eloquently expresses his sentiments towards this injustice through his first chapter. Even in the most straightforward, clear cases, Rothwax shows how it is often hard to prove the truth. In a one case where a man murdered his girlfriend, the fact that he was the murderer was not in question but rather whether or not he was actually insane while committing the act as he pled was. Rothwax feels like the court system has gone from being logical and mostly accurate to very convoluted and complex for the wrong reasons. He devotes this first chapter to establishing his fundamental beliefs and ideas of the criminal justice system eloquently and concisely.
"The Rush to Nowhere"
Chapter 5 was another chapter that enjoyed because although it was somewhat redundant, Rothwaxs point became very apparent by the end of the chapter. Essentially this chapter is focused on the right to a speedy trial. Even from the titles on the first page, it becomes evident what he is trying to say, "The rush to nowhere…Speedy trial statutes do not guarantee rapid justice." Above all, the Latin proverb "make haste slowly" is especially effective. After initially reading the proverb, I couldnt make much sense of it; however, the chapter soon changed that. An oxymoron, to make haste slowly is not possible, but it makes one think of the fable of slow and steady wins the race. Speedy trial is granted by the Sixth Amendment for several reasons. To protect the accused from prolonged imprisonment, prevents worry about the trial, and most importantly prevents forgetting the intricate details of the case imperative to making the final verdict. However, one must also pay attention to why the delay took place, by regarding the length and reason for delay. Rothwax acknowledges the beneficial and detrimental affects of speedy trial, it is a good idea because of the aforementioned reasons, however it also contributes to the "congestion that afflicts our courts." However once again, people also abuse the right to a speedy trial by reversing several trials and focusing on the technicalities of a speedy trial, such as in the case of Luperon.
Rothwax makes an especially insightful comment on the irony of the speedy trial on pg. 114 which I enjoyed and agree with, "most defendants and defense attorneys dont want a speedy trial. Delay usually benefits a guilty defendant, and most defendants held for trial and are guilty of some or all of the charges against them." Another detrimental aspect is that sometimes it seems as if the right to speedy trial only perpetuates and encourages manipulating the system, however, as Rothwax acknowledges, speedy trial is a right that is logical despite its negative aspects.
What sets this chapter apart from any other in the book is that Rothwax not only criticizes the justice system but towards the end of this chapter, he begins to develop his own ideas to ameliorate the system. This really adds to the quality of the book because it seems multifaceted to provide a perspective in the collapse of criminal justice through the eyes of an experienced judge, but also to put his own, valid and thought out plans out there.
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