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Full-Text Articles in Law
In Defense Of American Criminal Justice, J. H. Wilkinson, Iii
In Defense Of American Criminal Justice, J. H. Wilkinson, Iii
Vanderbilt Law Review
The American criminal justice system is on trial. A chorus of commentators-often but not exclusively in the legal academy-has leveled a sharp indictment of criminal process in our country. The indictment charges that large flaws infect nearly every stage of the adjudicatory process. And the prescriptions are equally far-reaching, with calls for abolition of many current practices and an overhaul of the entire system. What is more, the critics issue their condemnations essentially as givens, often claiming that all reasonable people could not help but agree that fair treatment of the accused has been fatally compromised. For these critics, "We …
Covert Contingencies In The Right To The Assistance Of Counsel, Abraham S. Blumberg
Covert Contingencies In The Right To The Assistance Of Counsel, Abraham S. Blumberg
Vanderbilt Law Review
On the basis of a sociological survey showing that a very large percentage of guilty pleas are induced by defense counsel, Professor Blumberg concludes that criminal justice is not structured on the adversary model which the Supreme Court's right to counsel decisions presuppose. He submits that the primary loyalty of defense counsel is to the criminal court "system," the informal organization of court officials on which they depend for their professional existence. He suggests further that the additional attorneys which will be required to implement the right to counsel decisions will simply serve to make the"system" more efficient in utilizing …
Justice William 0. Douglas And The Concept Of A "Fair Trial", Helen S. Thomas
Justice William 0. Douglas And The Concept Of A "Fair Trial", Helen S. Thomas
Vanderbilt Law Review
This article seeks briefly to demonstrate the ways in which this basic commitment of Justice Douglas bear on particular constitutional issues, particularly with regard to criminal cases. The article treats these issues under five general headings: detention; the right to counsel; bail; the right to trial by jury; and trial procedures. Some overlapping between sections cannot be avoided; but it is hoped that this organization will bring the problems more sharply into focus.