Guilty:: The Collapse of Criminal Justice

Ex-defense attorney Rothwax is known as one of the toughest trial court judges in New York City, and he remains incensed that villains go free because of what he considers not-so-defensible legal protections. Some of his arguments are bold--repudiate the Miranda decision, which requires defendants to be advised of their rights; limit suspects' right to a lawyer during the investigative phase--and assume a good faith on the part of the police that many would deny. Other procedural arguments, born of experience, seem more logical: reform the rules requiring a speedy trial, which affect the prosecution far more than the defense; to prevent defendants from changing their stories after gaining ``discovery'' access to the prosecution's case, require them to file a sealed envelope containing their version of the case--to be unsealed if they take the stand. Like the rest of this brief book, Rothwax's suggestion that jury verdicts of 10-2 be allowed surely will become part of the debate over our court system in these post-O.J. days. Author tour. (Feb.)