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Editorial Reviews
From Publishers Weekly
Pizzi believes that the American system of criminal trials is badly in need of repair. The main problem, in his eyes, is that the system is too preoccupied with judicial procedure and too little concerned with the truth. In a cogent, direct argument, Pizzi inveighs against the triumph of the law of unintended consequences over the law of practicality. He carefully articulates the sad state of the criminal trial system, laying blame primarily on Supreme Court decisions relating to criminal procedure. Pizzi argues persuasively that a criminal trial system in which defendants avoid trials at all costs is inherently flawed. Comparing the American system to those of other countries, he shows how our preoccupation with formal rights and procedural regularity blinds us to glaring substantive failures, such as defendants' lack of access to adequate representation and the fact that there is a strong institutional preference for guilty pleas even in cases in which defendants are innocent. He suggests that fact-finders be appointed to determine a defendant's guilt. In this sense, Pizzi echoes his University of Colorado colleague Paul Campos (Jurismania). Pizzi's background as a former federal prosecutor may lead him to downplay the severity of police abuses in this country, yet his argument's ultimate grounding in perspectives gleaned from his research in comparative criminal law makes his book an important work.
Copyright 1998 Reed Business Information, Inc.
From Booklist
This critique of the American criminal justice system is both timely and typical in light of recent high-profile trials--O. J. Simpson and the Menendez brothers--and growing political sentiment. The book is reflective of the conservative sentiment that assumes that the rights of the accused have been emphasized at the expense of those of the victim. Pizzi, a law professor, uses comparative law (four European legal systems) to reflect on the weakness of our system and the potential for reform. His sports analogy, comparing American football with the European legal systems, makes this a useful read for those who are not legal scholars. The American legal system and American football are driven, if not obsessed, by procedure. The European systems have procedural guidelines but are much less obsessed about procedure. Pizzi notes that current application of American law puts exclusionary and other rules at center stage. He asserts that the truth should be center stage, with procedure reformed to support this objective--a well reasoned proposition. Vernon Ford
See all Editorial Reviews
Pizzi believes that the American system of criminal trials is badly in need of repair. The main problem, in his eyes, is that the system is too preoccupied with judicial procedure and too little concerned with the truth. In a cogent, direct argument, Pizzi inveighs against the triumph of the law of unintended consequences over the law of practicality. He carefully articulates the sad state of the criminal trial system, laying blame primarily on Supreme Court decisions relating to criminal procedure. Pizzi argues persuasively that a criminal trial system in which defendants avoid trials at all costs is inherently flawed. Comparing the American system to those of other countries, he shows how our preoccupation with formal rights and procedural regularity blinds us to glaring substantive failures, such as defendants' lack of access to adequate representation and the fact that there is a strong institutional preference for guilty pleas even in cases in which defendants are innocent. He suggests that fact-finders be appointed to determine a defendant's guilt. In this sense, Pizzi echoes his University of Colorado colleague Paul Campos (Jurismania). Pizzi's background as a former federal prosecutor may lead him to downplay the severity of police abuses in this country, yet his argument's ultimate grounding in perspectives gleaned from his research in comparative criminal law makes his book an important work.
Copyright 1998 Reed Business Information, Inc.
From Booklist
This critique of the American criminal justice system is both timely and typical in light of recent high-profile trials--O. J. Simpson and the Menendez brothers--and growing political sentiment. The book is reflective of the conservative sentiment that assumes that the rights of the accused have been emphasized at the expense of those of the victim. Pizzi, a law professor, uses comparative law (four European legal systems) to reflect on the weakness of our system and the potential for reform. His sports analogy, comparing American football with the European legal systems, makes this a useful read for those who are not legal scholars. The American legal system and American football are driven, if not obsessed, by procedure. The European systems have procedural guidelines but are much less obsessed about procedure. Pizzi notes that current application of American law puts exclusionary and other rules at center stage. He asserts that the truth should be center stage, with procedure reformed to support this objective--a well reasoned proposition. Vernon Ford
See all Editorial Reviews
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