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Justice Overruled: Unmasking the Criminal Justice System
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Item Description...
Product Description
Judge Katz, a veteran of 25 years as a prosecutor, defense attorney, judge, and teacher, exposes the abuse and misuse of justice in this country and what can be done to fix it. He reveals why winning is everything and the truth means nothing in court; why lawyers are allowed to select the most bigoted and uneducated jurors; how racial politics control the criminal justice agenda; why judges who cannot follow basic rules of conduct stay on the bench; and more.
Outline Review
Burton S. Katz, a former prosecutor and trial judge, blames the Supreme Court for creating an atmosphere in which the hands of police are tied while known criminals are set free--not because of a dearth of evidence, but due to technicalities and a procedural maze. Katz argues that by creating legal loopholes for defense attorneys, law enforcement officers are more likely to bend the truth concerning how evidence was gathered and whether a defendant was read their rights correctly, a widespread phenomenon known as "testi-lying." This, he says, is not due to dishonesty, but to an understanding of the procedure that must be followed in order to ensure that justice prevails. Along with his critique he offers recommendations for fixing what he views as a broken system, namely by relaxing the current rules regarding gathering of evidence and obtaining confessions--indeed a case of backing up to move forward, for this was precisely the system employed before the Supreme Court effected the changes that Katz rails against. In light of recent high-profile cases involving Rodney King, O.J. Simpson, and the Menendez brothers, Justice Overruled is a timely and pragmatic approach to criminal justice reform from a 25-year insider.
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Item Specifications...
Pages 336
Dimensions: Length: 6.77" Width: 4.18" Height: 1"
Weight: 0.37 lbs.
Binding Softcover
Release Date Jul 1, 1998
ISBN 0446606111
EAN 9780446606110
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Availability 100 units.
Availability accurate as of May 30, 2012 03:24.
Usually ships within one to two business days from La Vergne, TN.
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Reviews - What do our customers think?
 | Judge needs to study the history of the jury and its primary role in our justice system. Feb 4, 2009 |
I just finished reading the book, "Unmasking the Criminal Justice System". Parts of it were excellent; however, I was appalled that the author could be ignorant of the role of the jury, especially in protecting minority opinion, until I realized that the author is a former prosecutor as well as a judge. Of course his bias is in favor of government and winning for the prosecution in criminal cases.
That a seated judge does not comprehend the reason our justice system was designed to allow for hung juries, even with one dissenting vote among twelve jurors, and who further does not understand the role of jury nullification in refusing to enforce tyrannical laws, is to be anticipated. Minority difference of opinion, even by one juror, preserves the protection for those segments of society who may hold minority opinions. By preserving the role of the individual juror to thwart the role of the majority, our justice system can protect minority civil rights.
Now that voir dire has been turned into a jury-stacking tool of attorneys on both sides, we have lost the unbiased cross-section component of the jury. Mr. Katz seems unfamiliar with the primary role of the minority juror, or with the overarching role of the jury to protect individuals from unjust prosecutions. He might do well to revisit the Federalist papers, early Supreme Court decisions on the role of the jury, as well as the writings of philosophers and founders on our justice system, which grew out of the Magna Carta and that Vaughn decision in the Penn case.
I found this book highly prejudiced against the institution of the jury, slanted in favor of the attorney and government, and slightly inflammatory in its condemnation of the role of the individual juror. I am sure, that as a judge, it is difficult for Mr. Katz to step aside from his power role to objectively review the fundamental and essential role of the jury to protect harmless people from government prosecution. Were our justice system operating as it was intended, we would not have the largest prison population in the world, and hundreds of thousands of harmless would not be locked away. Were jurors properly informed of their role, fewer harmless people would be sentenced to the horror of prison.
Congratulations on a nice book, Mr. Katz, but please get more fundamental knowledge of the role of the jury. You could begin reading at www.fija.org.
| | |  | Interesting assessment of our criminal justice system Nov 27, 2004 |
This book does a good job of explaining some of the problems with the criminal justice system. We see how attorneys routinely destroy honest witnesses on the stand, in total violation of professional ethics. We see attorneys hide evidence and doctor documents. We see"expert" witnesses say whatever the attorneys tell them to say. We see police say whatever the procedures imply would be the best testimony to give, accurate or not. And we see some juries intentionally give unjust verdicts, without any fear of reprisals for wrongdoing.
Katz's first target is the exclusionary rule. This rule is intended to keep evidence out of the courtroom if the cops seize it illegally. Well, it is all well and good to deter police misconduct, this rule is not part of our constitutional rights. All it accomplishes is to make truth irrelevant in criminal proceedings. It has to go, and our rights have to stay.
The same goes for the "Miranda" rule, which once again gets truth out of the courtroom. Since truth is a prerequisite for justice, this has to be counterproductive.
Removing these rules would decrease the number of lies told by police on the witness stand to avoid having otherwise legitimate cases thrown out. And these lies are deadly to the system: they cause everyone to lose respect for justice, and at some crucial moments, good lawyers will catch the police telling such lies and get completely guilty defendants to go free, causing the justice system to look even worse. Katz points out that police ought to be prosecuted for violating Fourth Amendment rights, and that criminals ought to go free only if the violations are "shocking to the conscience of a civilized society."
Katz next takes on juries, explaining that the Bushell case in 1670 is a precedent that has prevented jurors from being penalized for bad verdicts. That has been a blessing in some cases, but has allowed juries to misbehave badly in others. Katz has some ideas on how to improve matters. It includes avoiding the large number of jury challenges, which can degenerate into a contest to see "who can pick the stupidest and most bigoted jury." In my opinion, juries ought not be trusted with determining truth at all and at best ought to decide what justice to apply given the truth.
There is a marvellous chapter about witnesses, which includes the amazing examination of Mary Brunner by fellow Manson family murderer Bobby Beausoleil. Katz points out that statements taken by the police ought to be videotaped. As for difficult witnesses changing their stories under oath, Katz suggests exposing such witnesses to perjury charges.
The author also recommends getting rid of "imperfect self-defense" and other abuse excuses such as "diminished capacity" and "temporary insanity." Even if there really were extenuating circumstances arising from something of this sort, the time to apply them would be at sentencing, not in determining guilt or innocence.
Finally, there is a recommendation to have cameras in the courtroom.
I think there are plenty of useful suggestions in this book, and I enjoyed reading it. | | |  | The best of three books by trial court juges. Nov 22, 1997 |
| I've recently read three books by former trial court judges and Katz's is the best of the three. The other two, Guilty by Harold Rothwaz and Don't Pee on My Leg and Tell Me It's Raining by Judy Sheindlin, are both good at presenting the worst examples from the criminal justice system. Sheindlin was also a family court judge and provides additional stories on problems with the juvenile justice system. Katz, however, does a better job of analysis of the problems. He also covers a broader range of issues that affect the system at various stages during the criminal trial process. | | | Write your own review about Justice Overruled: Unmasking the Criminal Justice System
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