Rudolph J. Gerber - Böcker

Judges and courts do a considerable amount of harm in applying some criminal laws and policies, such as the felony murder rule, mandatory sentences, and the drug war. These and other positivist policies do not lessen crime, but instead, teach criminogenic messages contrary to what a magisterial criminal policy would teach. American judges apply criminal laws and policies that teach wrong lessons to users of the justice system, including criminals themselves. The source of this lies both in judicial passivity and legislative indifference. Judge Gerber expresses his confidence that a justice-oriented system can be achieved when politicians surrender control of the justice system to professionals in the field.American judges apply criminal laws and policies that teach wrong lessons to users of the justice system, including the criminals themselves. These wrong lessons include mathematical and mandatory sentencing, plea bargaining, the death penalty, the felony murder rule, marijuana prohibitions, the drug war, and the penchant for solving crime by building more and bigger prisons. The source of these harms lies both in judicial passivity and legislative indifference to the costs and shortcomings of anti-crime policies, usually because of nothing but electoral concerns. The result is a system of laws and policies that really have little to do with lessening crime but much to do with politics. The book contrasts this positivist criminal justice system with a justice-oriented magisterial system which Judge Gerber believes, can be achieved if politicians surrender control of the justice system to professionals and experts in that field. This book has applications for academic as well as professional use and will also be of interest to some general readers who are interested in the legal system.

This book is a frontal assault on the federal government's almost century-long campaign against marijuana in all its forms—cultivation, growing, selling, and recreational and medicinal use. Beginning with the anti-pot campaign of the first unofficial drug czar, Harry Anslinger, in the 1930s and continuing wiht only minor differences in emphasis through the recent Reagan, Clinton, and two Bush administrations, federal efforts to stamp out every form of marijuana use involve ignoring the independent reports of numerous federal commissions; supporting provably false claims about marijuana's effects; acquiescing to conservative law enforcement and religious groups' condemnatory agendas; generating a climate of fear in the electorate in order to cultivate messianic images for politicians; and ultimately governing in a way that does a disservice to all involved.

The death penalty remains one of the most controversial issues in the United States. Its proponents claim many things in their defense of its continued application. For example, they claim that it deters crime, that death by lethal injection is painless and humane, that it is racially neutral, and that it provides closure to families of the victims. In this comprehensive review of the major death penalty issues, the authors systematically dismantle each one of these myths about capital punishment in a hard-hitting critique of how our social, political, and community leaders have used fear and myth (symbolic politics) to misrepresent the death penalty as a public policy issue. They successfully demonstrate how our political and community leaders have used myth and emotional appeals to misrepresent the facts about capital executions.Successive chapters address the following topics: the notion of community bonding, the expectation of effective crime fighting, the desire for equal justice, deterrence, the hope for fidelity to the Constitution, the claim of error-free justice, closure, retribution, cost-effectiveness, and the messianic desires of some politicians. In each of these areas the authors quote from death penalty advocates making these claims and then proceed to analyze and ultimately dismember the claimed advantages of the death penalty.

Lack of access of the poor and middle class to civil courts, suits that benefit only lawyers, litigation tactics devoted to victory rather than truth or justice, and inefficient courts are some of the issues addressed by Judge Gerber in his outspoken critical appraisal of America's legal profession and judiciary. The author suggests practical--and in some cases radical--remedies needed to make the system responsive to the public and to give substance to the ideal of equal justice for all. Gerber's criticisms of the legal profession today are far-reaching, and the self-reflection in which he asks us to engage is difficult, even uncomfortable. But it is a necessary step in the continuing efforts we all must make to ensure that our profession upholds the highest ideals of professional responsibility. Sandra Day O'Connor, Supreme Court of the United StatesLack of access of the poor and middle class to civil courts, suits that benefit only lawyers, litigation tactics devoted to victory rather than truth or justice, and inefficient courts are some of the issues addressed by Judge Gerber in his outspoken critical appraisal of America's legal profession and judiciary. The author suggests practical--and in some cases radical--remedies needed to make the system responsive to the public and to give substance to the ideal of equal justice for all.Following an introductory overview of the troubled condition of our legal system, Judge Gerber considers the narrow process by which future lawyers are selected and the financial motivations that commonly inspire them to study law. He next takes a hard look at legal education, noting that the litigation model now in vogue inculcates a mentality of combat and downgrades peacemaking and negotiating skills. In a discussion of bar exams, Judge Gerber points out that these tests measure neither ethics nor competency and fail to provide for specialty licensing, for which he recommends periodic reexamination and peer review. Commenting on the complexity, confusion, delays, and extortionate costs that prevent equal access to justice, the author offers specific suggestions for streamlining court procedures and revamping the court system by managerial and procedural changes. He examines ethical abuse by courtroom litigators, contending that periodic ethical review and specialized training are needed to insure that justice is served. Concluding with a critical analysis of major competing jurisprudential theories, Judge Gerber argues that a return to natural law ideals is needed to reinspire lawyers and judges with a philosophical sense of the foundations of justice. This important new work is particularly relevant for legal educators and professionals and for courses dealing with the legal profession, legal ethics, the judiciary, and the court system.