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Criminal Law 2.0

July 8, 2015

Here’s a post at MarginalRevolution about an article by Judge Alex Kozinski (PDF) which appears at GeorgetownLawJournal.org.

The judge’s article is a bit lengthy but I still recommend you RTWT.

Kozinski Indicts the US Justice System

Federal Judge Alex Kozinski (9th circuit) has written a scathing indictment of the US justice system. Kozinski starts out discussing a number of myths such as that eyewitness testimony or forensic evidence is highly reliable. Business Insider gives a quick rundown of this part of the paper but they clearly didn’t read very far because the incendiary material comes later.

Kozinski, writing in part based on his personal experience as a judge, says that prosecutors are too often running roughshod over justice:

…there are disturbing indications that a non-trivial number of prosecutors—and sometimes entire prosecutorial offices— engage in misconduct that seriously undermines the fairness of criminal trials. The misconduct ranges from misleading the jury, to outright lying in court and tacitly acquiescing or actively participating in the presentation of false evidence by police.

[…]

Via Coyoteblog

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