Justice Without Trial, Law Enforcement in Democratic Society, by Jerome H. Skolnick

Justice Without Trial, Law Enforcement in Democratic Society, by Jerome H. Skolnick

1967 | Howard R. Besser
The book review by Howard R. Besser provides a detailed critique of two works: *Criminal Procedure Under the Federal Rules* by Lester B. Orfield and *Justice Without Trial: Law Enforcement in Democratic Society* by Jerome H. Skolnick. 1. **Criminal Procedure Under the Federal Rules**: - **Author**: Lester B. Orfield, a former member of the committee that drafted and proposed amendments to the Federal Rules of Criminal Procedure. - **Content**: The first two volumes cover each Federal Rule in numerical order, providing a comprehensive study of federal criminal procedure. Each chapter includes the history of the rule, discussions of pre- and post-rule law, English and American constitutional guarantees, rule interpretations, and case law analysis. - **Value**: Valuable for both state and federal courts due to the increasing similarity between state and federal practices. The book is well-organized and detailed, making it a valuable resource for legal scholars and practitioners. - **Caveats**: The content may not be fully up-to-date due to the dynamic nature of criminal law. The timing of the book's publication (1966) is awkward compared to the 1966 amendments to the Federal Rules. Some sections, like Rule 16, need to be updated to reflect changes in discovery procedures. 2. **Justice Without Trial: Law Enforcement in Democratic Society**: - **Author**: Jerome H. Skolnick, a professor of sociology at Berkeley. - **Content**: Skolnick explores the role of police in the American legal system, focusing on the tension between the pursuit of societal order and the protection of individual rights. He argues that police are often driven by a preoccupation with efficiency and order, which can undermine the rule of law. - **Value**: The book is well-organized and provides a credible analysis of the existing situation, emphasizing the pressures on police in everyday criminal investigations. It offers valuable insights into the dynamics between police, prosecution, and defense. - **Caveats**: Skolnick's analysis of police behavior and the concept of "justice without trial" is sometimes criticized for over-simplifying certain aspects, such as the role of danger in police work. However, the book's primary value lies in its detailed examination of the pressures and challenges faced by police in democratic societies. Overall, both books are highly regarded for their depth and scholarship, but they also offer valuable insights into the complexities of criminal procedure and police practices in democratic societies.The book review by Howard R. Besser provides a detailed critique of two works: *Criminal Procedure Under the Federal Rules* by Lester B. Orfield and *Justice Without Trial: Law Enforcement in Democratic Society* by Jerome H. Skolnick. 1. **Criminal Procedure Under the Federal Rules**: - **Author**: Lester B. Orfield, a former member of the committee that drafted and proposed amendments to the Federal Rules of Criminal Procedure. - **Content**: The first two volumes cover each Federal Rule in numerical order, providing a comprehensive study of federal criminal procedure. Each chapter includes the history of the rule, discussions of pre- and post-rule law, English and American constitutional guarantees, rule interpretations, and case law analysis. - **Value**: Valuable for both state and federal courts due to the increasing similarity between state and federal practices. The book is well-organized and detailed, making it a valuable resource for legal scholars and practitioners. - **Caveats**: The content may not be fully up-to-date due to the dynamic nature of criminal law. The timing of the book's publication (1966) is awkward compared to the 1966 amendments to the Federal Rules. Some sections, like Rule 16, need to be updated to reflect changes in discovery procedures. 2. **Justice Without Trial: Law Enforcement in Democratic Society**: - **Author**: Jerome H. Skolnick, a professor of sociology at Berkeley. - **Content**: Skolnick explores the role of police in the American legal system, focusing on the tension between the pursuit of societal order and the protection of individual rights. He argues that police are often driven by a preoccupation with efficiency and order, which can undermine the rule of law. - **Value**: The book is well-organized and provides a credible analysis of the existing situation, emphasizing the pressures on police in everyday criminal investigations. It offers valuable insights into the dynamics between police, prosecution, and defense. - **Caveats**: Skolnick's analysis of police behavior and the concept of "justice without trial" is sometimes criticized for over-simplifying certain aspects, such as the role of danger in police work. However, the book's primary value lies in its detailed examination of the pressures and challenges faced by police in democratic societies. Overall, both books are highly regarded for their depth and scholarship, but they also offer valuable insights into the complexities of criminal procedure and police practices in democratic societies.
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