An Essay on Improving the Criminal Justice System: Supplement

This is not going to be a long essay; I’m just passing something along. A while back I wrote a post entitled An Essay on Improving the Criminal Justice System. It was a post I threw together somewhat hastily and yet, as irony would have it, it’s one of my most visited posts.

In that post, I mentioned that a fundamental way of improving the system would be to turn to an inquisitorial rather than adversarial format. When I wrote that, I said it as a side thought and without any awareness of the following extensive law review article that’s directly on-point. For those of you interested in a thorough understanding of the downsides to an adversarial approach to criminal justice, give this article a read:

Gordon Van Kessel, Adversary Excesses in the American Criminal Trial, 67 Notre Dame L. Rev. 403 (1991-1992).

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