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Reconstructing Justice
Franklin Strier
其他書名
An Agenda for Trial Reform
出版
University of Chicago Press
, 1996-05-15
主題
Law / General
Law / Alternative Dispute Resolution
Law / Civil Procedure
Law / Courts
Law / Ethics & Professional Responsibility
Law / Jurisprudence
Law / Jury
Political Science / Law Enforcement
ISBN
0226777189
9780226777184
URL
http://books.google.com.hk/books?id=E9AiGE--OsAC&hl=&source=gbs_api
EBook
SAMPLE
註釋
In
Reconstructing Justice
, Franklin Strier doesn't simply describe problems with the American trial system; he proposes reforms. Arguing that lawyers need to share more power with the judge and jury, Strier recommends ways we can retain and improve our basic adversarial system. He suggests we eliminate peremptory challenges, give judges the authority to ask questions of witnesses, and limit the number of expert witnesses. Drawing from a wide variety of sources, including case histories, scholarly works, Blackstone's
Commentaries
, and
The Federalist Papers
, he argues that judicial reform is not only possible, but—because of the increased public coverage of trials and understanding of the need for reform—inevitable.
Franklin Strier brings this critical look at trial reform up to date with a new preface in which he discusses how the inordinate amount of public attention of the O. J. Simpson trial, and the power the attorneys had over the court in that case, shed new light on the trial system's weaknesses and inequities.
"Anyone with an interest in courtroom trials will be fascinated by Strier's analysis of the game of law and suggestions for reforming the trail system to provide justice in a greater number of cases. . . . Highly recommended."—
Choice