Reconstructing Justice: An Agenda for Trial Reform

Paperback | May 15, 1996

byFranklin Strier

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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

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From Our Editors

In this lively and persuasive critique, Franklin Strier doesn't simply describe problems with the American trial system; he proposes reforms. He offers a detailed blueprint of how to improve our basic adversarial system while blunting its excesses and inequities. Strier points out that the jury system was originally intended to diffuse...

From the Publisher

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 judge...

From the Jacket

In this lively and persuasive critique, Franklin Strier doesn't simply describe problems with the American trial system; he proposes reforms. He offers a detailed blueprint of how to improve our basic adversarial system while blunting its excesses and inequities. Strier points out that the jury system was originally intended to diffuse...

Format:PaperbackDimensions:328 pages, 9 × 6 × 0.8 inPublished:May 15, 1996Publisher:University Of Chicago Press

The following ISBNs are associated with this title:

ISBN - 10:0226777189

ISBN - 13:9780226777184

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Extra Content

Table of Contents

Acknowledgments
Preface
Ch. 1: The Battle of Champions
Ch. 2: An Adversary Society
Ch. 3: How Much Justice Can You Afford?
Ch. 4: The Verdict on Juries
Ch. 5: Can Lawyers Lie? Truth, Justice, and Advocacy Ethics
Ch. 6: Alternative Dispute Resolution, the Expanded Version
Ch. 7: A Blueprint for Reform
Selected Bibliography
Index

From Our Editors

In this lively and persuasive critique, Franklin Strier doesn't simply describe problems with the American trial system; he proposes reforms. He offers a detailed blueprint of how to improve our basic adversarial system while blunting its excesses and inequities. Strier points out that the jury system was originally intended to diffuse the power of the government, but criticizes the method by which jurors are selected, patronized, and manipulated. Among his suggestions: eliminate peremptory challenges, give jurors the authority, and judges the responsibility, to ask questions of witnesses, and use neutral expert witnesses.