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THE VANISHING TRIAL

THE ERA OF COURTROOM PERFORMERS AND THE PERILS OF ITS PASSING

Colorful incidents and anecdotes effectively capture the performance art of trial lawyering.

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An attorney recalls his courtroom experiences and laments the disappearance of criminal trials from the federal justice system.

There is at least one thing that a visitor to a federal courtroom is now very unlikely to see—a jury trial. Between 1990 and 2010, the number of criminal cases decided in the United States federal courts by a jury dwindled from 9.2% of all cases to only 2.1%. For veteran trial lawyer and debut author Katzberg, the “troubling reality” of the “vanishing trial” has implications not only for the criminal justice system, but also for American democracy. If the average citizen is no longer able to serve as a juror and “the effectiveness of the criminal defense function enshrined in the U.S. Constitution is meaningfully diminished, where does that leave the rule of law?” he asks in this provocative, lively combination of memoir and polemic that may have limited appeal to readers outside the legal profession. Katzberg is a well-qualified guide, having tried cases as both an assistant U.S. attorney in New York and a defense lawyer. The memoir portion of his book is laced with vivid episodes and vignettes from the “world we are slowly but surely losing.” “When done at the highest levels, trial work is performance art in the purest sense of the term,” he writes. He recalls such “old school” practitioners as the lawyer Jerry Lewis (“not the legendary comedian”), who “fearlessly used his distinct personality to dominate the courtroom” and would start cross-examinations by asking in a Brooklyn accent: “Are you a truteful poyson?” Katzberg points to two culprits in the demise of the jury trial—federal sentencing guidelines that have caused a steep decline in the number of defendants willing to risk a trial and technological advances that have tipped the evidentiary scales even more toward prosecutors. The author doesn’t address the substantial costs to taxpayers of jury trials—or whether America should follow the lead of countries like Switzerland and replace juries with judicial panels. But it’s hard to quarrel with his warning that “like the loss of the oceans’ coral reefs, the ongoing disappearance of federal criminal trials signals an increasing imbalance in our nation’s criminal justice system that must not be ignored.”

Colorful incidents and anecdotes effectively capture the performance art of trial lawyering.

Pub Date: N/A

ISBN: 978-1-64543-218-0

Page Count: 240

Publisher: Mascot Books

Review Posted Online: March 3, 2020

Kirkus Reviews Issue: April 15, 2020

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NIGHT

The author's youthfulness helps to assure the inevitable comparison with the Anne Frank diary although over and above the...

Elie Wiesel spent his early years in a small Transylvanian town as one of four children. 

He was the only one of the family to survive what Francois Maurois, in his introduction, calls the "human holocaust" of the persecution of the Jews, which began with the restrictions, the singularization of the yellow star, the enclosure within the ghetto, and went on to the mass deportations to the ovens of Auschwitz and Buchenwald. There are unforgettable and horrifying scenes here in this spare and sombre memoir of this experience of the hanging of a child, of his first farewell with his father who leaves him an inheritance of a knife and a spoon, and of his last goodbye at Buchenwald his father's corpse is already cold let alone the long months of survival under unconscionable conditions. 

The author's youthfulness helps to assure the inevitable comparison with the Anne Frank diary although over and above the sphere of suffering shared, and in this case extended to the death march itself, there is no spiritual or emotional legacy here to offset any reader reluctance.

Pub Date: Jan. 16, 2006

ISBN: 0374500010

Page Count: 120

Publisher: Hill & Wang

Review Posted Online: Oct. 7, 2011

Kirkus Reviews Issue: Jan. 15, 2006

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GENGHIS KHAN AND THE MAKING OF THE MODERN WORLD

A horde-pleaser, well-written and full of surprises.

“The Mongols swept across the globe as conquerors,” writes the appreciative pop anthropologist-historian Weatherford (The History of Money, 1997, etc.), “but also as civilization’s unrivaled cultural carriers.”

No business-secrets fluffery here, though Weatherford does credit Genghis Khan and company for seeking “not merely to conquer the world but to impose a global order based on free trade, a single international law, and a universal alphabet with which to write all the languages of the world.” Not that the world was necessarily appreciative: the Mongols were renowned for, well, intemperance in war and peace, even if Weatherford does go rather lightly on the atrocities-and-butchery front. Instead, he accentuates the positive changes the Mongols, led by a visionary Genghis Khan, brought to the vast territories they conquered, if ever so briefly: the use of carpets, noodles, tea, playing cards, lemons, carrots, fabrics, and even a few words, including the cheer hurray. (Oh, yes, and flame throwers, too.) Why, then, has history remembered Genghis and his comrades so ungenerously? Whereas Geoffrey Chaucer considered him “so excellent a lord in all things,” Genghis is a byword for all that is savage and terrible; the word “Mongol” figures, thanks to the pseudoscientific racism of the 19th century, as the root of “mongoloid,” a condition attributed to genetic throwbacks to seed sown by Mongol invaders during their decades of ravaging Europe. (Bad science, that, but Dr. Down’s son himself argued that imbeciles “derived from an earlier form of the Mongol stock and should be considered more ‘pre-human, rather than human.’ ”) Weatherford’s lively analysis restores the Mongols’ reputation, and it takes some wonderful learned detours—into, for instance, the history of the so-called Secret History of the Mongols, which the Nazis raced to translate in the hope that it would help them conquer Russia, as only the Mongols had succeeded in doing.

A horde-pleaser, well-written and full of surprises.

Pub Date: March 2, 2004

ISBN: 0-609-61062-7

Page Count: 320

Publisher: Crown

Review Posted Online: May 19, 2010

Kirkus Reviews Issue: Dec. 1, 2003

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