12 reasons to worry about our criminal justice system, from a prominent conservative federal judge

Eugene Volokh:


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 Reagan) — has recently published an article in the Georgetown Law Journal that says some pretty harsh things about our criminal justice system, and offers some (doubtless controversial) proposals for improving it. You can read the whole article, Criminal Law 2.0, but I also asked Judge Kozinski for permission to serialize the article here, and he graciously agreed. Here is the introduction, which gives 12 reasons to worry about our criminal justice system; I’ll post other parts of the article in the days to come. I’ve added some paragraph breaks and removed the footnotes (which are available in the PDF version), but otherwise this is as Judge Kozinski wrote it: