Volume 18 | Issue 3 1967 # Justice Without Trial, Law Enforcement in Democratic Society, by Jerome H. Skolnick Howard R. Besser Follow this and additional works at: http://scholarlycommons.law.case.edu/caselrev Part of the Law Commons # BOOK REVIEWS CRIMINAL PROCEDURE UNDER THE FEDERAL RULES — VOLS. I & II. By Lester B. Orfield. Rochester, N.Y.: The Lawyers Co-Operative Publishing Company. 1966. Lester B. Orfield's first two volumes of a six-volume work on Criminal Procedure Under the Federal Rules are a scholarly achievement. Orfield, who was involved in drafting the original Federal Rules of Criminal Procedure, has produced a comprehensive study of federal criminal procedure. This work is valuable for those working in state and federal courts as there is an increasing trend toward making state and federal practices more similar. The United States Supreme Court has influenced this trend, and state courts often look to federal practices as a standard. The volumes are well-organized, with each Federal Rule covered in a separate chapter. The author has been meticulous in his attention to detail, providing extensive background and history for each rule. The volumes are thorough and detailed, with extensive citations and analysis. However, the reviewer notes that the work is outdated due to the rapid changes in criminal law. The book is also awkwardly timed with the publication of the amended Federal Rules. The publisher plans to integrate the new rules into the volumes, but Volumes I and II will still maintain their stepchild status. Justice Without Trial: Law Enforcement in Democratic Society by Jerome H. Skolnick is a book that analyzes the role of the police in the administration of justice. Skolnick argues that the police are not solely instruments of order but are part of a system where legality prevails over order. He suggests that the phrase "law and order" is misleading because of the incompatibilities between the two concepts. Skolnick believes that police view themselves as production-line workers or craftsmen, which leads them to prioritize order over due process. He discusses the police's use of discretion in the early stages of criminal investigations, which can deter certain criminal conduct. Skolnick is least convincing in his thesis that danger has transformed the average policeman into a hardened participant in the criminal process. The book is well-organized, beginning with a history of the metropolitan police force. It discusses the police's "working personality," their relationships with various participants in the criminal process, and the use of informants in narcotics control. The book is readable and provides valuable supplementary material for an advanced course in criminal procedure. The main value of the book is its credible job of defining the existing situation, emphasizing the pressures brought to bear upon the policeman in everyday criminal investigations. Skolnick's work is a valuable contribution to the understanding of law enforcement in democratic societyVolume 18 | Issue 3 1967 # Justice Without Trial, Law Enforcement in Democratic Society, by Jerome H. Skolnick Howard R. Besser Follow this and additional works at: http://scholarlycommons.law.case.edu/caselrev Part of the Law Commons # BOOK REVIEWS CRIMINAL PROCEDURE UNDER THE FEDERAL RULES — VOLS. I & II. By Lester B. Orfield. Rochester, N.Y.: The Lawyers Co-Operative Publishing Company. 1966. Lester B. Orfield's first two volumes of a six-volume work on Criminal Procedure Under the Federal Rules are a scholarly achievement. Orfield, who was involved in drafting the original Federal Rules of Criminal Procedure, has produced a comprehensive study of federal criminal procedure. This work is valuable for those working in state and federal courts as there is an increasing trend toward making state and federal practices more similar. The United States Supreme Court has influenced this trend, and state courts often look to federal practices as a standard. The volumes are well-organized, with each Federal Rule covered in a separate chapter. The author has been meticulous in his attention to detail, providing extensive background and history for each rule. The volumes are thorough and detailed, with extensive citations and analysis. However, the reviewer notes that the work is outdated due to the rapid changes in criminal law. The book is also awkwardly timed with the publication of the amended Federal Rules. The publisher plans to integrate the new rules into the volumes, but Volumes I and II will still maintain their stepchild status. Justice Without Trial: Law Enforcement in Democratic Society by Jerome H. Skolnick is a book that analyzes the role of the police in the administration of justice. Skolnick argues that the police are not solely instruments of order but are part of a system where legality prevails over order. He suggests that the phrase "law and order" is misleading because of the incompatibilities between the two concepts. Skolnick believes that police view themselves as production-line workers or craftsmen, which leads them to prioritize order over due process. He discusses the police's use of discretion in the early stages of criminal investigations, which can deter certain criminal conduct. Skolnick is least convincing in his thesis that danger has transformed the average policeman into a hardened participant in the criminal process. The book is well-organized, beginning with a history of the metropolitan police force. It discusses the police's "working personality," their relationships with various participants in the criminal process, and the use of informants in narcotics control. The book is readable and provides valuable supplementary material for an advanced course in criminal procedure. The main value of the book is its credible job of defining the existing situation, emphasizing the pressures brought to bear upon the policeman in everyday criminal investigations. Skolnick's work is a valuable contribution to the understanding of law enforcement in democratic society