{"id":18049,"date":"2015-07-15T16:59:07","date_gmt":"2015-07-15T21:59:07","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=18049"},"modified":"2015-07-15T16:59:07","modified_gmt":"2015-07-15T21:59:07","slug":"criminal-law-2-0-preface-to-the-44th-annual-review-of-criminal-procedure","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=18049","title":{"rendered":"Criminal Law 2.0 \u2013 Preface to the 44th Annual Review of Criminal Procedure"},"content":{"rendered":"<p>Criminal Law 2.0 \u2013 <a href=\"http:\/\/georgetownlawjournal.org\/files\/2015\/06\/Kozinski_Preface.pdf\">Preface to the 44th Annual Review of Criminal Procedure<\/a> by Hon. Alex Kozinski:<\/p>\n<blockquote><p>Although we pretend otherwise, much of what we do in the law is guesswork. For example, we like to boast that our criminal justice system is heavily tilted in favor of criminal defendants because we\u2019d rather that ten guilty men go free than an innocent man be convicted. There is reason to doubt it, because very few criminal defendants actually go free after trial. Does this mean that many guilty men are never charged because the prosecution is daunted by its heavy burden of proof? Or is it because jurors almost always start with a strong presumption that someone wouldn\u2019t be charged with a crime unless the police and the prosecutor were firmly convinced of his guilt? We tell ourselves and the public that it\u2019s the former and not the latter, but we have no way of knowing. They say that any prosecutor worth his salt can get a grand jury to indict a ham sandwich. It may be that a decent prosecutor could get a petit jury to convict a eunuch of rape. &#8230;<\/p>\n<p>\u2014<\/p>\n<p>See <a href=\"http:\/\/georgetownlawjournal.org\/files\/2015\/06\/Kozinski_Preface.pdf\">.pdf<\/a> for full article<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"<p>Criminal Law 2.0 \u2013 Preface to the 44th Annual Review of Criminal Procedure by Hon. Alex Kozinski: Although we pretend otherwise, much of what we do in the law is guesswork. For example, we like to boast that our criminal &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=18049\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-18049","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/18049","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=18049"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/18049\/revisions"}],"predecessor-version":[{"id":18050,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/18049\/revisions\/18050"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=18049"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=18049"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=18049"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}