The Vanishing Trial
The Era of Courtroom Performers and the Perils of Its Passing
by Robert Katzberg
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Pub Date Jul 07 2020 | Archive Date Aug 17 2020
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Description
Trial by jury has historically been the citizenry’s protection against prosecutorial and judicial overreach. But more recently, jury trials have been disappearing, as criminal defendants in federal court are overwhelmingly pleading guilty instead of testing the legal system. In The Vanishing Trial, accomplished lawyer Robert Katzberg explores why trials have become such rarities in today’s federal courtrooms, and examines the dangerous consequences of a justice system without juries.
With reflections from his four-decade courtroom career—first prosecuting federal criminal cases in New York, and then defending high-profile cases across the country—Katzberg vividly recreates a time when trials were commonplace; when average citizens played a key role in the administration of justice; when young lawyers developed and honed significant trial skills, and veteran courtroom stars performed their craft at the highest level.
Precise, thorough, and compellingly honest, The Vanishing Trial describes the realities of a courtroom world known only to insiders, one that cannot exist without jury trials. Finally, it provides readers with a roadmap to reclaim their role in preserving justice in America.
Famed criminal defense attorney Mark Geragos reports that “Robert Katzberg has done a magnificent job” exposing “one of the dirty little secrets of the criminal justice system, the imminent extinction of the jury trial” in Katzberg’s revelatory new book, The Vanishing Trial.
Advance Praise
“People often ask me what it is really like to defend high-profile cases in the courtroom. There is now an easy answer. Read The Vanishing Trial.”
--Ben Brafman, described by CNN legal analyst, Jeffrey Toobin as, “the best criminal defense lawyer in the country”
“A window into the vanishing world of the interplay between well-trained defense lawyers and the American jury. It should be read by all those who care about preserving the Founders’ vision of the American jury as a democratizing force in the law. Best of all, it reads like butter.”
--Burt Neuborne, Professor of Civil Liberties at NYU Law School, former National Director of the American Civil Liberties Union, and founding Legal Director of the Brennan Center for Justice at NYU
“Robert Katzberg has done a masterful job exposing one of the dirty little secrets of the criminal justice system: the imminent extinction of the jury trial.”
--Mark Geragos, famed criminal defense attorney and television legal analyst
“An entertaining, fast-paced, and instructive book by a top-flight defense lawyer . . . makes a compelling case for legal reform.”
--Daniel Capra, Professor, Fordham Law School
“Colorful incidents and anecdotes from the author’s career that effectively capture the performance art of trial lawyering . . . provocative and lively.”
--Kirkus Reviews
"Told with an engaging voice and quick wit...a delightful, fulfilling read."
--BlueInk Review
“A compelling glimpse behind the curtain of the courtroom . . . The Vanishing Trial makes a case for trials by jury.”
--Foreword Clarion Reviews
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Available Editions
| EDITION | Hardcover |
| ISBN | 9781645432180 |
| PRICE | $26.95 (USD) |
Featured Reviews
Laura F, Bookseller
It should be read by all those who care about preserving the Founders’ vision of the American jury as a need part of the system. It's a good read, almost reads like a novel.
Media/Journalist 652998
I really enjoyed this book! The author explores how trials by jury are becoming less commonplace in our judiciary system and the effects this is having on our criminal justice system.
Katzberg really explores all sides of the issue and from the perspective of both citizens as well as legal counsel. There are clearly many flaws with the jury system, but using it less frequently results in more power being held in the hands of judges discretion, which can also be problematic. This was something I didn't even realize was happening and I think it's an overlooked aspect of criminal justice reform that needs more attention brought to it.
A_Place_In_The O, Media/Journalist
A fascinating ride through the intricacies of the judicial system, without ever appearing that intricate. Katzberg's tales of past trials, his thoughts on the system and the overall feel is the book, all are as entertaining as they are informative. Recommended to any even casual student of law.
Jeff (Old Account) S, Reviewer
Solid Examination More Memoir Than Treatise. I was actually going to 4* this one until I went back and re-read the description, which did in fact hint at this being more memoir than treatise - which was my only real reason for docking the star. I had thought, reading it well after actually picking it up, that I was getting more treatise with just a smattering of memoir.
That noted, Katzberg does a remarkable job of showing the problems he notes as only an insider can, and sets the stage for further exploration - perhaps, as he so often notes, from someone more scholarly inclined - of the exact issues, their exact causes and histories, and maybe some examination of potential solutions, even including Katzberg's own. Ultimately more Failure Is Not An Option (Gene Kranz's remarkable memoir of his time as a Flight Director during the Apollo era) than Rise Of the Warrior Cop (Radley Balko's complete record of policing in America and in particular its militarization of the last 50 years or so), this is truly a spectacular effort, well written with concise points, solid anecdotes, and an appropriate smattering of humor. Very much recommended.
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