The Defendant's Rights Today
📘 About This Book
With this comprehensive study, written in lay language, David Fellman provides an up-to-date analysis of the rights of the accused, certain to be welcomed by political scientists, students of public law, and all with an interest in due process of law. Since Fellman's 1958 book, The Defendant's Rights, substantial changes in the criminal justice system have occured. The past few decades before the publication of The Defendant's Rights Today have been witness to a striking expansion of the central concept of due process of law as it relates to criminal justice. The subject of defendants' rights is broad and complex. Fellman here explores its underlying concepts, bringing together a comprehensive discussion of the effects of the criminal justice system on the accused from arrest, through trial, to post-conviction remedies.
📖 Summary
David Fellman's comprehensive 468-page study, The Defendant's Rights Today, offers a thorough and accessible analysis of the rights of the accused within the American legal system. Published in 1978, the book serves as an update to Fellman's earlier 1958 work, reflecting the substantial and striking changes that occurred in criminal justice during the intervening decades. Across this era, the central concept of due process of law underwent a significant expansion, making the subject of defendants' rights both increasingly broad and remarkably complex. Fellman explores these underlying legal concepts by guiding the reader through the entire journey of an accused individual, starting from the moment of initial arrest and carrying all the way through the trial process. Written in plain language, the book strips away dense legalese without sacrificing scholarly depth, ensuring that the material remains approachable to non-lawyers while still offering valuable insights for legal scholars. By bringing together a cohesive and comprehensive discussion of how the criminal justice system impacts individuals, Fellman highlights the evolving nature of constitutional protections and the judiciary's role in safeguarding civil liberties. The book captures a pivotal era in constitutional history when the judiciary actively reshaped the procedural safeguards surrounding criminal prosecution, ensuring that fair treatment and constitutional protections became more uniformly applied. Political scientists, students of public law, and anyone with a keen interest in due process will find the text to be an indispensable resource for understanding the mechanics and philosophy of American criminal procedure as it stood in the late 1970s.
🎯 Key Lessons
⚖️ Pros & Cons
✅ Pros
Written in accessible lay language rather than dense legalese.
Provides a comprehensive exploration of the entire trial and arrest process.
Offers a valuable historical perspective on the expansion of due process.
Serves as an essential reference for students of public law and political science.
⚠️ Cons
Reflects the legal landscape of 1978 and does not account for post-publication developments.
The broad scope may feel generalized for advanced legal practitioners seeking hyper-specific case law.
❓ FAQ
Who is the author of The Defendant's Rights Today? +
The book was written by David Fellman and published in 1978.
How many pages are in the book? +
The volume spans 468 pages.
Is the book written for lawyers or laypeople? +
David Fellman wrote the book in lay language, making it accessible to non-lawyers while still valuable for professionals.
How does this book relate to Fellman's earlier work? +
It serves as an updated analysis following his 1958 book, The Defendant's Rights, to account for subsequent changes in the criminal justice system.
What stages of the criminal process does the book cover? +
It covers the effects of the criminal justice system on the accused starting from arrest and continuing through the trial.




