Last Tuesday, I began serializing “Criminal Law 2.0,” a new article by Judge Alex Kozinski — for whom I clerked 20 years ago, who is one of our nation’s most prominent appellate judges and who has long been seen as on balance a libertarianish conservative (appointed by President Ronald Reagan). The introduction gave 12 reasons to worry about our criminal justice system. Wednesday’s post discussed wrongful convictions. Thursday’s post discussed the jury system, and ways to improve it. Friday’s posts discussed prosecutorial misconduct and possible ways of preventing prosecutorial misconduct. Monday’s post talks about what judges, especially trial judges, can do.
This post and one I will post this afternoon offer a total of six more suggestions about what can be done, whether through legislation or through the Supreme Court’s reversal of some past decisions.