JUSTICE BUILDING BLOG

WELCOME TO THE OFFICIAL RICHARD E GERSTEIN JUSTICE BUILDING BLOG. THIS BLOG IS DEDICATED TO JUSTICE BUILDING RUMOR, HUMOR, AND A DISCUSSION ABOUT AND BETWEEN THE JUDGES, LAWYERS AND THE DEDICATED SUPPORT STAFF, CLERKS, COURT REPORTERS, AND CORRECTIONAL OFFICERS WHO LABOR IN THE WORLD OF MIAMI'S CRIMINAL JUSTICE. POST YOUR COMMENTS, OR SEND RUMPOLE A PRIVATE EMAIL AT HOWARDROARK21@GMAIL.COM. Winner of the prestigious Cushing Left Anterior Descending Artery Award.

Monday, February 06, 2006

THE RULES OF THE JUSTICE GAME

BY: ALAN M. DERSHOWITZ

(with thanks to Federal Blogger David O Markus for bringing this to our attention.)


I. ALMOST ALL CRIMINAL DEFENDANTS ARE , IN FACT, GUILTY.

II. ALL CRIMINAL DEFENSE LAWYERS, PROSECUTORS AND JUDGES UNDERSTAND AND BELIEVE RULE I.

III. IT IS EASIER TO CONVICT GUILTY DEFENDANTS BY VIOLATING THE CONSTITUTION THAN BY COMPLYING WITH IT, AND IN SOME CASES IT IS IMPOSSIBLE TO CONVICT GUILTY DEFENDANTS WITHOUT VIOLATING THE CONSTITUTION.

IV. ALMOST ALL POLICE LIE ABOUT WHETHER THEY VIOLATED THE CONSTITUTION IN ORDER TO CONVICT GUILTY DFEENDANTS.

V. ALL PROSECUTORS, JUDGES AND DEFENSE ATTORNEYS ARE AWARE OF RULE IV.

VI. MANY PROSECUTORS IMPLICITLY ENCOURAGE POLICE TO LIE ABOUT WHETHER THEY VIOLATED THE CONSTITUTION IN ORDER TO CONVICT GUILTY DEFENDANTS.

VII. ALL JUDGES ARE AWARE OF RULE VI.

VIII. MOST TRIAL JUDGES PRETEND TO BELIEVE POLICE OFFICERS WHO THEY KNOW ARE LYING

IX. ALL APPELLATE JUDGES ARE AWARE OF RULE VIII, YET MANY PRETEND TO BELIEVE THE TRIAL JUDGES WHO PRETEND TO BELIEVE THE POLICE OFFICERS.

X. MOST JUDGES DISBELIEVE DEFENDANTS ABOUT WHETHER THEIR CONSTITUTIONAL RIGHTS HAVE BEEN VIOLATED, EVEN IF THEY ARE TELLING THE TRUTH.

XI. MOST JUDGES AND PROSECUTORS WOULD NOT KNOWINGLY CONVICT A DEFENDANT WHO THEY BELIEVE TO BE INNOCENT OF THE CRIME CHARGED (OR A CLOSELY RELATED CRIME).

XII. RULE XI DOES NOT APPLY TO MEMBERS OF ORGANIZED CRIME, DRUG DEALERS, CAREER CRIMINALS, OR POTENTIAL INFORMANTS.

XIII. NOBODY REALLY WANTS JUSTICE.

15 comments:

Anonymous said...

Was it Thomas Jefferson that said something to the effect of: We must be prepared to expend blood in new revolutions whenever current gov't becomes tyrranical? Are we there yet? Does it matter, really matter, who the President is, or the Senators, etc. If it doesn't, then might it be time to start over?

Anonymous said...

You should leave this Harvard stuff to Markus, who thinks he is a little Dershowitz. Stick to the gossip my friend. WE WANT THE GOSSIP!

Anonymous said...

so true. rumpole what is that shit. i rather read florida law weekly.

Anonymous said...

Any Portia sightings?

Anonymous said...

I would tatoo that shit on my ass, but my ass aint big enough.

Anonymous said...

"When you have no basis for an argument, abuse the plaintiff."
- Cicero

Anonymous said...

The first rule of the Justice Game is - you do not talk about Justice Game. The second rule of Justice Game is - you DO NOT talk about Justice Game.

Anonymous said...

Rule ???: Judges decide first, rationalize later.

Rule ???: Judges can find case law to support any ruling.

Anonymous said...

dushowitz is not a trial lawyer!

Anonymous said...

DON'T HATE THE PLAYAH HATE THE GAME.

Anonymous said...

zzzzzzzzzzzzzzzzz

Anonymous said...

Is it true that no REG judges wanting to remain at REG were transferred? i.e., that every judge who left REG for another division ultimately chose to leave?

Anonymous said...

Jason, you are wrong. Your ass IS big enough for that tome. And I'd look forward to you wipping it out and showing it to a judge or some young prosecutor who did not understand the game.If you need, I have a good tattoo parlor for you.

Anonymous said...

If federal court is so bad, and you guys are such principled defenders of the Constitution, then why not band together, refuse all federal cases and grind the corrupt system to a halt.

Anonymous said...

why is it so easy to hate david markus