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Search for Truth in Criminal Justice

NCJ Number
120809
Journal
Rutgers Law Review Volume: 41 Issue: 3 Dated: (Spring 1989) Pages: 871-881
Author(s)
S J Markman
Date Published
1989
Length
11 pages
Annotation
This article examines the loss of faith in the criminal justice system, pointing out that sensible and effective criminal law reform has few supporters because so many are disillusioned with a system that appears to favor the guilty.
Abstract
Some argue that the principal concern of the justice system is not the determination of truth but, instead, the carving out of a narrowly-defined set of mock civil liberties that can be used by criminal offenders to defend themselves from conviction. Inappropriate claims of civil libertarianism have corrupted our system of justice, making a mockery of the guarantees promised all citizens under the U.S. Constitution. To remedy this, the Constitution should be interpreted as originally written. Amendments relating to criminal procedure should be seen as balancing the needs of law enforcement and protecting the best interests of the citizenry. Citizens have a right under the Constitution and under the criminal justice system to be protected from the viciousness and violence of criminals. 17 footnotes.