The Law: Equality v. Deterrence

What is the purpose of U.S. criminal justice: Equal treatment for all who are accused or deterrence of crime? Such is the issue now roiling the American Law Institute as it force-drafts a model code of prearraignment procedure to help police live with Supreme Court decisions. Last week two eminent lawyers aired the debate in a fascinating exchange of letters published in the Washington Evening Star.

Writing to Attorney General Nicholas Katzenbach, Chief Judge David Bazelon of the U.S. Court of Appeals in Washington sharply questioned the effect on the "poor Negro citizen"...

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