We Try Harder

Tightening the Reins of Justice in America: A Comparative Analysis of the Criminal Jury Trial in England and the United States

by Michael H. Graham
In England the police can arrest you on no more than “reasonable suspicion” that you have committed a crime. This includes possessing drugs or carrying an “offensive weapon,” which can cover a multitude of objects. If you are arrested, the police officer in charge of your case may deny your …

How Bad Are the Courts?

The Limits of Law Enforcement

by Hans Zeisel

Court Reform on Trial

by Malcolm F. Feeley
A familiar picture of the criminal justice system portrays harried and cynical prosecutors presenting sheaves of cases to lazy, soft-headed judges. Everyone involved has virtually given up trying to contain the rising rate of crime. Defendants are shown either as unregenerate hoodlums who mock the feeble system or as bewildered …

Save the Wales?

Rebirth of a Nation: Wales 1880-1980

by Kenneth O. Morgan
Outside Wales the Welsh are so inconspicuous that people don’t even know when they are insulting us. A friend of mine once told me that someone had “welshed” on a promise to him. He was stricken with remorse when I pointed out that this was about the same as my …

Busting the People’s Case

The Best Defense

by Alan M. Dershowitz
Some years ago I represented several New York nursing home operators who were uneasy about being investigated by the special prosecutor. Bernard Bergman was notorious at the time, relentlessly depicted in the press as having coldly tortured helpless old people for money. I remember that one of my clients (a …

Who Should Go to Prison?

Imprisonment in America: Choosing the Future

by Michael Sherman and Gordon Hawkins
We would all like violent criminals to go away and there are several ways to make them disappear. Capital punishment works best but nobody has yet had the fortitude to urge it publicly on so grand a scale, though such a wish is surely often harbored. For a long time …