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Is the Criminal Justice System Broken?

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According to Eric Holder, it is.  According to the vastly more fair-minded and intelligent approach of Judge J. Harvie Wilkinson of the Fourth Circuit, it isn't.  As Judge Wilkinson puts it in his article in the Vanderbilt Law Review:

My own reaction to the critics is one of gratitude for their contributions but dismay that they have allowed the pursuit of perfection in criminal justice to become the enemy of the good. Much about American criminal justice is indeed good. The system provides considerable protections for the accused and sets proper limits on the brutality and deceit that human beings can inflict upon each other.

Simply put, in calling for an overhaul of our criminal law and procedure, the critics have failed to appreciate the careful balance our criminal justice system strikes between competing rights and values. They have failed to respect the benefits of the system's front-end features--namely, early process and early resolution. Moreover, they have sold short the democratic virtues of our system. The sensible tradeoffs reflected in American criminal justice are worthy of respect, and the system's democratic tilt is deserving of praise. The critics have extended neither. Ultimately, the often harsh tone of their indictment has done an injustice to the system of criminal justice itself.



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Nothing Eric "Marc Rich" Holder says about the criminal justice system should be taken seriously.

Daryl Foster, a high up attorney in the DOJ expensed personal travel through the government. A huge no-no. Foster was not fired, nor did he pay the government back. Holder had to know, yet apparently is ok with this thief working for the government.

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