Res Gestae

Document Type


Publication Date

Winter 3-13-2017




Criminal Law, Criminal Justice, Criminal Procedure


Nineteen years after Judge Lynch’s piece, "Our Administrative System of Criminal Justice," this Article considers recent developments in the criminal justice system and whether Judge Lynch’s observations have withstood the test of time. It suggests that Judge Lynch’s observation—that our criminal justice system has strayed far from the model of the adversarial system—remains as true today as it was when he made it in 1998. It further explains that developments in the nineteen years since the publication of “Our Administrative System of Criminal Justice” have caused the criminal justice system to stray even further from the adversarial model and in ways that Judge Lynch may not have anticipated. The Article concludes with a discussion of the shortcomings of our administrative system, and it offers suggestions for ways it might be improved.