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The law on search and seizure is so nebulous, even the judges don’t know how to interpret it.
Seven of Judge Roth wax’s ten recommendations to improve criminal justice are:
1. Simplification of search and seizure laws.
2. Abandonment of the Miranda rule in favor of use of videotapes and other technology to preclude abuse by the police.
3. The right to an attorney should only be a factor in the pretrial and trial stage, not in the investigative stage.
4. If a defendant could reasonably be expected to explain or deny evidence presented against him, the jury should be told that his failure to do so may tend to indicate the truth of such evidence.
5. Peremptory challenges to jurors should be limited to three. (In Virginia there are four for defense and four for the prosecution.)
6. Majority verdicts should be allowed.
7. American judges should be allowed a more active role in the courtroom to assure that the process is swift, sure and according to the laws of evidence.
The book does not deal with the ills of the long, tedious and tortuous appellate process.
It is not likely that any of Judge Rothwax’s recommendations will be adopted although certainly some of them, if not all, have real merit.
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