Guilt: Henry Friendly Meets the MaHaRaL of Prague

So while the overnight deliberation rule is at least partially bound up with the question of reliability and relates to the judicial process itself, the broader and more fundamental issue raised by this law is whether we should free the guilty to preserve a value that we deem necessary to proper working of the criminal justice process, regardless of the culpability of individual defendants. To this Judge Friendly’s answer is generally no, 113 and the MaHaRaL’s is yes.