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The Collapse of American Criminal Justice Paperback – October 7, 2013

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William J. Stuntz (Author)
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William J. Stuntz (Author)
4.6 out of 5 stars 25 customer reviews
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Product Details

  • Paperback: 432 pages
  • Publisher: Belknap Press (October 7, 2013)
  • Language: English
  • ISBN-10: 0674725875
  • ISBN-13: 978-0674725874
  • Product Dimensions: 6.1 x 1.2 x 9 inches
  • Shipping Weight: 1 pounds (View shipping rates and policies)
  • Average Customer Review: 4.6 out of 5 stars  See all reviews (25 customer reviews)
  • Amazon Best Sellers Rank: #151,276 in Books (See Top 100 in Books)

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Top Customer Reviews

5.0 out of 5 starsSpectacular, paradigm-changing book
By Tung Yin VINE VOICE on October 12, 2011
Format: Hardcover Verified Purchase
The legal academy lost a giant earlier this year when William Stuntz passed away from an aggressive cancer. Stuntz was an amazing scholar who had the gift of explaining how legal doctrine in the area of criminal procedure frequently failed to measure up to the real world. "The Collapse of American Criminal Justice" is his defining masterpiece that marshals statistics, history, and logic to argue that our current criminal justice system is badly broken. He points to the facts that (1) we incarcerate more people per capita by far than our peer nations (550+ per 100,000, versus the 50-150 range), and in fact, we eclipse even Russia; (2) we incarcerate so many African-American men that in some cities, 1/3 or more of young African-American men are in prison, probation, or supervised release; (3) most criminal defendants plead guilty.

The reasons for this breakdown are complicated, but Stuntz attributes it to a number of key factors. First, he points to the increasing centralization of criminal justice. It used to be that the judges, prosecutors, and juries in criminal cases came directly from the neighborhood that the criminal defendant did. This meant that there were local pressures to temper justice with mercy, since the defendant being sent away for incarceration was part of the community too. With the growth in suburban population, however, coupled with having larger districts -- meaning that the jury pool came from a wider swath of the population -- this local control was lost. Worse yet, the voting strength of the suburbs meant that the increasing bulk of voters were voting to reduce crime, even though they (suburbanites) were hardly the target of crime. The inner cities were.Read more ›
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5.0 out of 5 starsA surprising and fascinating account
By Phelps Gates VINE VOICE on November 26, 2011
Format: Hardcover Verified Purchase
An excellent book, and not just for those interested in law. In many ways this is a study in unintended consequences. Stuntz explains how the decisions of the Warren Court (Mapp, Miranda, etc.) ended up actually widening the gap between rich and poor, by making jury trials difficult and expensive and acquittals rare, putting judicial power into the hands of prosecutors rather than judges and juries. And even more fascinating is how the "war on drugs" actually has a benefit: since intimidation of witnesses ("Don't snitch") has made it almost impossible to convict gang members of actual crimes like murder and robbery, drug crimes are used as substitute prosecutions, since they don't require witness testimony. These are just two examples of the many perceptive analyses in the book. The title is just a bit hyperbolic, ("flaws" rather than "collapse" might be more accurate), but this is highly recommended for anyone with an interest in what's going on in American society today.
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5.0 out of 5 starsUnderstanding the Rule of Criminal Law
By Henry J. Mohrman on November 28, 2011
Format: Hardcover Verified Purchase
We have a book outlining William J. Stuntz's contribution to our understanding of criminal law. He is no longer with us, but we have the book to memorialize his life's work.

Stuntz tells us quite clearly how our criminal justice system works today. Crimes are numerous, narrowly defined and almost self proving. Three factors (ease of proof by the prosecution, multiple offenses chargeable for the same events, and the high cost of trials) mean that 90 to 95 percent of defendants perceive that they do not have a chance to defeat the prosecution and enter into "plea bargains." Stuntz shows accurately that these are not "bargains" in the traditional sense of the word (negotiated agreements in which both sides reach an improved position) but rather Hobson's choices in which one can elect between the devil and the deep blue sea. Consequently, both state and federal prisons are always full, and only the limited supply of beds prevents more convictions. Stuntz is very correct to tell us that this is not the criminal justice system taught in civics classes. It flunks Stuntz's personal standard of justice and most people's common sense notion of justice. Persons accused of crimes are not imprisoned based on fair proceedings conducted by unbiased judges and based on facts decided by juries of their peers. Persons accused of crimes in most cases go to prison because acts they have committed (or are thought to have committed) are judged to be threats to the community by police and prosecutors with limited supervision by overworked judges and the rare jury trial. Jury nullification is limited by the narrow definitions of crimes, so that even in the rare jury trial a jury cannot often interpose its values about who should or should not be punished for particular actions.Read more ›
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5.0 out of 5 starsA Must Read for Anyone Interested in Justice
By Nona on June 17, 2012
Format: Hardcover Verified Purchase
This book is a reminder of what well-meaning people could do if they worked together towards a common goal, and a rueful reminder of what happens in our hurly burly trading of interests in a world where no politician has ever lost an election by being tough on crime.

According to Stuntz: "The criminal justice system has run off the rails. The system dispenses not justice according to law, but the "justice" of official discretion. Discretionary justice too often amounts to discriminatory justice."

Stuntz gives a great and detailed description of the historical forces that led to this accidental train wreck. "That conventional wisdom gives too much credit to the politicians, whose conduct offers little evidence that they were seeking to create a justice system like the one we have today." "They followed their own preferences when the voters allowed, and made choices that conformed to short-term political incentives when the voters insisted on a different tack. Cumulatively, those choices changed the justice system radically: first in one direction, then the other. But neither the officials in charge of criminal justice-from Supreme Court Justices to state legislators, from prosecutors to police chiefs-nor the voters planned on such radical change, in either direction."

Stuntz' opinions seem to be an thoughtful conglomeration of Chicago School economics, a liberal interest in ending discrimination, a conservative view of the role of government and an over abiding belief in democracy.

For example, Stuntz writes: "Because federal criminal law has such small consequences for the federal
budget, Congress makes too much of it.Read more ›
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Most Recent Customer Reviews

3.0 out of 5 starsDiamond in the rough.

Stuntz has many valuable insights. However, he fails to address rather obvious questions and counter-arguments. Read more

Published 2 months ago by Gregory Thomas Bogosian
4.0 out of 5 starsStatling New Interpretations

Astonishing to realize the signifance of Supreme Court rulings over the decades, and how what was heralded by seeming pundits actually was destructive.

Published 4 months ago by Gloria Wolk
5.0 out of 5 starsAn excellent text for upper-level college courses

This is a trenchant critique of what our criminal justice system has become, written by an experienced prosecutor, law professor and deep-thinking Christian. Read more

Published 15 months ago by Soc Law
5.0 out of 5 starsThis is a review of your reviews!

Your reviews have compelled me to purchase this book! I think the author is intelligent, and gathered all the information he could get on the subject he knew best. Read more

Published 16 months ago by Gail D.
5.0 out of 5 starsFive Stars

a

Published 20 months ago by Steve
5.0 out of 5 starsFive Stars

Good condition. Thanks!

Published 20 months ago by Anita Afriyie
5.0 out of 5 starsMust read for US citizens

Stuntz provides ample historical context, makes a compelling argument, and an insightful diagnosis of the American judicial system. Read more

Published on July 1, 2014 by M. Raburn
5.0 out of 5 starsThe Best Book on American Criminal Justice to Date

"The Collapse of American Criminal Justice" by William J. Stuntz is perhaps the best criminal justice book to date. Read more

Published on April 24, 2014 by Randall Radic
5.0 out of 5 starsGreat book

I can't add much to what has already been written here. This is a very rich and intelligent book which unfortunately very few people will read completely or understand. Read more

Published on April 3, 2014 by doug korty
5.0 out of 5 starsCriminal Justice According to Prosecutors: Whatever Happened to the...

this is a must read- it is sad that Stuntz died but he left an enormous legacy regarding his critique of a system of American Criminal Justice that is run by prosecutors and not... Read more

Published on March 30, 2014 by Leslie Lothstein

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