Guilty-"The Former Judge's Feelings"

These two particular graphemes had lawyers who sought-after(a) a plea bargain, but the defense counselors rejected their appeals. However, Rothwax believes the American justice system is in need of major reforms, including the reasoning by elimination of Miranda rulings and bringing a halt to unanimous jury verdicts.

to begin with beginning my internship I had high ideals ab emerge the justice system. However, after spending my internship in the New York State Supreme appeal and seeing how criminals are often the winners and victims often the losers in our electric current justice system, I can understand why old age of bench experience have transformed Judge Rothwax from a card-carrying member of the ACLU to someone who is opposed to the Miranda warning and desires changes to the Fourth and 5th Amendments. Through numerous personal examples of compositor's cases he has presided over, Rothwax demonstrates the decline of out justice system due to things like discovery rules, the exclusionary rule, and a nonher(prenominal) aspects of the law that Rothwax feels are manipulated by criminals and attorneys to thwart justice.

Rothwax's book is represent on personal examples of cases he has presided over. He countenances that arbitrary and forked laws have often forced him to make decisions he knew were not in the interest of justice. He complains about Miranda law and how it makes the judging and experience of seasoned practice of law officers count for little in courtroom. In one case, he tells of the ludicrous decision of a

court that ruled guard did not have a right to search the press in an apartment of a man where they had discovered a kidnapped girl. The 14 year old girl had let the legal philosophy in the apartment as the kidnapper was not home. The jurisprudence found a closet full of guns upon searching the apartment.

However, the court ruled that the police should have gotten a search ensure after freeing the girl and had no right to admit evidence based on a search of the apartment. As Rothwax (55) laments "Which seems more reasonable to you? The Policemen's actions or the courts?" In one case I was involved in during my internship, a similar case was brought before the court. In this case a two disastrous males were apprehended by police officers because a) they were running, and b) they were doing so in a heavy crime neighborhood. The officers found a gun in a pouch on the suspects. In court, the suspects said they found the gun on the way to the store and only ran because they knew the police would come to the wrong conclusion. This case was adjourned for witness preparation on behalf of the ADA and the defense counselor, but it will be knockout to prove that the officers had "reasonable cause" to stop and search the two black suspects.

Rothwax, H. J., Judge. Guilty: The Collapse of Criminal Justice. New York: ergodic House, 1996.

Rothwax would also make changes to Miranda and the exclusionary rule, discovery rules and a host of other(a) justice system considerations in an effort to gain more protection for v
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