Mistrial: An Inside Look at How the Criminal Justice System Works...and Sometimes Doesn't by Mark Geragos and Pat Harris
"Mistrial" is a very entertaining behind-the-scenes look at our criminal judicial system. Prominent defense attorneys Mark Geragos and Pat Harris share their over thirty years of law practice and paint an eye-opening picture of the evolution of our criminal the system over time. This popular criminal justice system book is at times raw, humorous but never boring as the authors share insights into celebrity cases such as: Michael Jackson, Chris Brown, Winona Ryder, Gary Condit and Susan McDougal. This insightful 289-page book includes the following nine chapters: 1. Politics, O.J. Simpson, and the Rise of the Angry Blond White Women, 2. Defense Attorneys - We Sleep Very Well at Night, Thank You Very Much, 3. Clients - Thirty-Nine Floors is a Long Way to Fall, 4. Prosecutors - Being a Prosecutor Means Never Having to Say You're Sorry, 5. Judges - At Least Get It Wrong for Both Sides, 6. Police Officers - to Preserve, Protect, and to Lie, 7. Jurors - Nobody Knows Anything, 8. Media - Shame on You for Believing What We Say, and 9. The Best System in the World???
Positives:
1. A popular criminal justice system book for the masses. Excellent introductory book for the layperson that enjoys high-profile cases.
2. A very interesting topic on how the criminal justice system works. Prominent defense attorneys Geragos and Harris have the expertise, experience and a number of high-profile cases under their belts to entertain the public.
3. The book is loaded with interesting insights into many high-profile cases.
4. The evolution of a criminal judicial system favoring the prosecution.
5. The judicial system is not free of errors...consider the role of the Innocence Project group.
6. The three events that has changed the system for the worse: the politicization of the justice system, the O.J. Simpson trial, and the rise of the angry blond white women. Interesting stuff.
7. A strong defense of the defense. A good explanation of the role of defense attorneys. "The true role of the defense attorney is to fight for the client by any legal means possible."
8. A great job of explaining the different skills needed by prosecutors versus defense attorneys.
9. A lot of interesting observations. "Nothing gets a jury to convict faster than to find out the defendant has been guilty of another crime in the past."
10. The types of clients that that the authors reject: the client who expects to bribe the judge, the client wants the mythical third option, and the client who seeks a guaranteed victory. "Finally, clients sometimes forget certain details - like the truth."
11. Insights on the importance of jury composition. "We decided early on that our best bet for jurors would be highly educated professionals, particularly those who analyze facts for a living, such as lawyers, engineers, and computer analysts."
12. Does a good job of debunking many misconceptions, the "he didn't act right" evidence.
13. The power of the prosecution. The authors took some extra glee in describing the evolving practices of the D.A. including prosecutorial misconduct.
14. The seven basic arguments that D.A.s have relied on in every trial.
15. The three traits that a defense attorney looks for in a judge: fairness, a good temperament, and intelligence. "While intelligence is important it is the sense of fairness that we value most."
16. Exposing police officers. "The most common form of police misconduct is forced confessions."
17. A good job of explaining the jury deliberation process. Exposing stealth jurors. Common jury errors.
18. An excellent chapter on the media's role in judicial system. "And sometimes tabloid reporting goes beyond irresponsibly republishing other people's lies." Nancy Grace, Wendy Murphy...watch out.
19. Is the American judicial system the best in the world? Find out.
20. Suggestions on how to improve the criminal judicial system.
Negatives:
1. No notes or sources.
2. This is not a scholarly book on the criminal justice system and it was never intended to be.
3. The authors are not as genuinely forthright as I had hoped. A chapter on their personal biggest blunders would have been welcomed. I understand that they are still practicing and there may even be implications or limitations on what they can say but at least let the reading public know that.
4. An obvious bias against the prosecution.
5. The portrayal of the case involving Scott Peterson left me cold.
In summary, this is a very entertaining book. It's more about entertainment than education but along the way the layperson will be exposed to how the judicial system operates. The authors provide some interesting insights into the criminal judicial system from a defense attorney's perspective. A lot of high-profiled cases are highlighted in this book which adds to the guilty pleasure. The book is not a scholarly effort and you will not hear theses authors disclose their own personal shortcomings as it relates to their cases and perhaps understandably so. Nonetheless, this was a "guilty" pleasure.
Further suggestions: "How Can You Defend Those People?" by Mickey Sherman, "Defending the Damned: Inside a Dark Corner of the Criminal Justice System" by Kevin Davis, "Criminology For Dummies" by Steven Briggs, "Convictions: A Prosecutor's Battles Against Mafia Killers, Drug Kingpins, and Enron Thieves" by John Kroger, and "Law & Disorder:: The Legendary FBI Profiler's Relentless Pursuit of Justice" by John Douglas.