Are the Scales of Justice Evenly Balanced?

Remarks by Professor Yale Kamisar at a panel discussion of the Criminal Law Section of the American Bar Association, Honolulu, August 9, 1967 The topic for today seems to be a perennial favorite at meetings such as this one. Over the years, the question has often been asked in one form or another, and over the years the answer of almost all law enforcement officials and, I think, most members of the bench and bar, is the same - the scales are heavily, horribly, tilted in favor of the defendant. Only the names of the cases seem to change.