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In The Death of the American Trial, distinguished legal scholar Robert P. Burns makes an impassioned case for reversing the rapid decline of the trial before we lose one of our public culture’s greatest achievements. As a practice that is adapted for modern times yet rooted in ancient wisdom, the trial is uniquely suited to balance the tensions—between idealism and realism, experts and citizens, contextual judgment and reliance on rules—that define American culture. Arguing that many observers make a grave mistake by taking a complacent or even positive view of the trial’s demise, Burns concludes by laying out the catastrophic consequences of losing an institution that so perfectly embodies democratic governance.
What does the most infamous criminal proceeding in history--the trial of Jesus of Nazareth--have to tell us about capital punishment in the United States? Jesus Christ was a prisoner on death row. If that statement surprises you, consider this fact: of all the roles that Jesus played--preacher, teacher, healer, mentor, friend--none features as prominently in the gospels as this one, a criminal indicted and convicted of a capital offense. Now consider another fact: the arrest, trial, and execution of Jesus bear remarkable similarities to the American criminal justice system, especially in capital cases. From the use of paid informants to the conflicting testimony of witnesses to the denial of clemency, the elements in the story of Jesus' trial mirror the most common components in capital cases today. Finally, consider a question: How might we see capital punishment in this country differently if we realized that the system used to condemn the Son of God to death so closely resembles the system we use in capital cases today? Should the experience of Jesus' trial, conviction, and execution give us pause as we take similar steps to place individuals on death row today? These are the questions posed by this surprising, challenging, and enlightening book
A Pulitzer Prize-winning historian takes a new and closer look at the Supreme Court's controversial and much-debated stance on capital punishment in the landmark case of Furman v. Georgia.
The American trial looms large in our collective imagination - witness the enormous popularity of Law Order - but it is, in reality, almost extinct. In 2002, less than 2 percent of federal civil cases culminated in a trial, down from 12 percent forty years earlier. And the number of criminal trials also dropped dramatically, from 9 percent of ca...
Bill Kurtis, anchor of the wildly popular true-crime TV series Cold Case Files and American Justice, used to support the death penalty. But after observing the machinations of the justice system for thirty years, he came to a stunning realization that changed his life: Capital punishment is wrong. There can be no real justice in America until it is abolished. In The Death Penalty on Trial, Kurtis takes readers on his most remarkable investigative journey yet. Together, we revisit murder scenes, study the evidence, and explore the tactical decisions made before and during trials that send innocent people to death row. We examine the eight main reasons why the wrong people are condemned to death, including overzealous and dishonest prosecutors, corrupt policemen, unreliable witnesses and expert witnesses, incompetent defense attorneys, bias judges, and jailhouse informants. We see why the new jewel of forensic science, DNA, is revealing more than innocence and guilt, opening a window into the criminal justice system that could touch off a revolution of reform. Ultimately we come to a remarkable conclusion: The possibility for error in our justice system is simply too great to allow the death penalty to stand as our ultimate punishment.
In 1982, a sensational murder trial in Phoenix, Arizona, reverberated throughout the legal community. Restaurateur Steven Steinberg, who killed his wife by stabbing her 26 times, was acquitted; his legal defense portrayed the victim as an overpowering "Jewish American Princess" whose excesses may have provoked her violent end. Examining the structure of the defense's case, Frondorf, an attorney who was previously a psychiatric social worker, follows the theme that made Elana Steinberg the villain, instead of the victim, of the piece. The defense's forensic presentation, bolstered by testimony from psychiatrists, maintained that Steinberg committed the crime while sleepwalking, an abnormality allegedly brought on by the intemperate spending of his wife. Frondorf recreates the trial whose outcome scarred the tightly knit Jewish community of Phoenix.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
The best-selling, no-holds-barred classic every lawyer, everyone involved in the media, & anyone interested in criminology must read if the failing justice system is to be saved.
On July 4, 2000, three young Asian American men visiting the small town of Ocean Shores, Washington, were attacked by a group of skinheads in the parking lot of a Texaco station. Threats and slurs gave way to violence and, ultimately, a fatal stabbing. But this tragedy culminated with a twist. A young white man, flaunting a Confederate flag just moments before, was slain by one of his would-be victims. In the ensuing murder trial, a harsh lesson on what it really means to be an American unfolded, exposing the layers of distrust between minorities and whites in rural America and revealing the dirty little secret that haunts many small towns: hate crime. In Death on the Fourth of July, veteran journalist David Neiwert explores the hard questions about hate crimes that few are willing to engage. He shares the stories behind the Ocean Shores case through first-hand interviews, and weaves them through an expert examination of the myths, legal issues, and history surrounding these controversial crimes. Death on the Fourth of July provides the most clear-headed and rational thinking on this loaded issue yet published, all within the context of one compelling real-life tragedy.
You must clear my name -- Full of animal life and spirit -- Sister coming for remains -- We are not sleeping -- That no injustice may be done -- A wider forum -- A serious and grave affair -- An officer said it -- Sutton mystery deeper -- The best of my recollection -- Sacred reputations -- Every scrap of evidence -- The ferocity of a tigress -- The court, the corps and public opinion -- Jimmie Sutton's body and soul -- Politics and the paranormal.