Guilty: The Collapse of Criminal Justice [Paperback]

Harold J. Rothwax (Author)

Book Description

Publication Date: January 1, 1997

Drawing on a career's worth of experience and using the O.J. Simpson trial as a prime example, a well-respected state supreme court judge makes the case for 10 major reforms of the criminal justice system, including the end of unnanimous jury verdicts; the elimination of the Miranda rulings; and a new interpretation of the Fourth and Fofth Amendments.

Editorial Reviews

Amazon.com Review

Judge Rothwax was a defense lawyer before becoming a New York trial judge 25 years ago, and now his nickname among defense lawyers is "the prince of darkness." He is known as one of the hardest judges on the bench, extremely unsympathetic to the accused. This book will reinforce his reputation. Rothwax is convinced that procedural scruples are causing appellate judges to release large numbers of dangerous criminals, and that this is threatening "the collapse of criminal justice." In this strident polemic he calls for a loosening of rules of evidence in favor of the prosecution, a limiting of a suspect's right to a lawyer during the investigative phase, a complete repudiation of the police Miranda warning, and technical changes to speed trials.

From Publishers Weekly

Ex-defense attorney Rothwax is known as one of the toughest trial court judges in New York City, and he remains incensed that villains go free because of what he considers not-so-defensible legal protections. Some of his arguments are bold?repudiate the Miranda decision, which requires defendants to be advised of their rights; limit suspects' right to a lawyer during the investigative phase?and assume a good faith on the part of the police that many would deny. Other procedural arguments, born of experience, seem more logical: reform the rules requiring a speedy trial, which affect the prosecution far more than the defense; to prevent defendants from changing their stories after gaining "discovery" access to the prosecution's case, require them to file a sealed envelope containing their version of the case?to be unsealed if they take the stand. Like the rest of this brief book, Rothwax's suggestion that jury verdicts of 10-2 be allowed surely will become part of the debate over our court system in these post-O.J. days. Author tour.
Copyright 1995 Reed Business Information, Inc. --This text refers to an out of print or unavailable edition of this title.

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Product Details

• Paperback: 256 pages
• Publisher: Grand Central Publishing (January 1, 1997)
• Language: English
• ISBN-10: 0446673048
• ISBN-13: 978-0446673044
• Product Dimensions: 7.8 x 5.1 x 0.7 inches
• Shipping Weight: 8.8 ounces
• Average Customer Review: 4.2 out of 5 stars  See all reviews (19 customer reviews)
• Amazon Best Sellers Rank: #278,239 in Books (See Top 100 in Books)
  • #60 in Books > Law > Perspectives on Law > Judicial System

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Customer Reviews

Most Helpful Customer Reviews

8 of 9 people found the following review helpful:

5.0 out of 5 stars Astonishing and Frightening, July 28, 2001

By 

D. Rizzo (United States) - See all my reviews
(REAL NAME)   

This review is from: Guilty: The Collapse of Criminal Justice (Paperback)

This book pulls no punches and contains no fancy words. Harold Rothwax tells it like it is....

When the criminal justice system fails, and the obviously and often admittedly guilty go free to wreak more havoc on innocent citizens, we should feel outraged... and I'd guess that we do, when we hear about it as we do infrequently. But the sympathy extended to the perpetrators of violent crimes is both misplaced and as wrong as the crimes themselves. Rothwax, a judge, sees these decisions made routinely, as he deals with their aftermath. He is outraged. He is beyond outraged.

He makes a compelling case for a modification in our criminal justice system. Criminal juries shouldn't need 100% agreement to deliver a verdict, which they already don't need in civil cases. One lone kook shouldn't hold up what's obvious to a clear majority. He suggests forgetting Miranda... if someone is screaming confessions, it's a CONFESSION. What a lot of effort, time, and money those confessions save! Getting criminals off on technicalities -- especially technicalities that lawyers search for painstakingly with the sole goal of getting their clients off -- is a perverse and morally reprehensible function of the court, and it should be inadmissable when the parties involved behaved with logic and discretion to the satisfaction of the court.

The cases that Rothwax cites, cases in which innocent adults and children suffered at the hands of a meticulous and ill-advised court, will break your heart and make you scream for justice.

For this is a book about justice. It is not a book about law. Unfortunately, the two diverge more than the American public would like to acknowledge.

3 of 3 people found the following review helpful:

4.0 out of 5 stars An Eye-Opening, if Apocolyptic Look At the Justice System, June 22, 2000

By 

Andy Brown (Philadelphia, PA) - See all my reviews
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This review is from: Guilty: The Collapse of Criminal Justice (Paperback)

While almost all would agree that the American judicial system has its flaws, Judge Harold Rothwax proposes some of the most drastic changes to the system I have encountered. If Judge Rothwax's experiences in the New York City courts have transformed him from a card-carrying ACLU member to a staunch advocate for the revocation of Miranda and search-and-seizure laws, then I am in fear of what truly occurs in our courtrooms.

2 of 2 people found the following review helpful:

4.0 out of 5 stars Thought Provoking, October 8, 1999

By 

Andrea Sonn (East Windsor, NJ) - See all my reviews

This review is from: Guilty: The Collapse of Criminal Justice (Paperback)

Judge Rothwax provides many controversial and honestly expressed opinions about how our legal system is currently operating. His book is outspoken, candid, spare, and understandable. I think we will see more people adopt his ideas as time goes by, but it will take time. A very worthwhile reading experience.