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Courts on Trial: Myth and Reality in American Justice
by Jerome Frank
CONTENTS: I. The Needless Mystery of Court House Government. II. Fights and Rights. III. Facts Are Guesses. IV. Modern Legal Magic. V. Wizards and Lawyers. VI. The "Fight" Theory versus the "Truth" Theory. VII. The Procedural Reformers. VIII. The Jury System. IX. Defenses of the Jury System--Suggested Reforms. X. Are Judges Human? XI. Psychological Approaches. XII. ...more
Paperback, 456 pages
Published September 21st 1973 by Princeton University Press
(first published October 21st 1949)
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A wonderfully insightful analysis of courts--by a then sitting judge. The introduction briefly summarizes his "fact-skepticism," in which Frank is uncertain about how successfully the judicial system ascertains what the "facts are." The book is literate--even witty. One chapter illustrates: "The 'Fight' Theory versus the 'Truth' Theory." He notes that the American system is about two sides using every tactic possible to impugn the facts raised by the other side (e.g., in our rough treatment of ...more