Another Critical Book For Those Seeking To Understand The American Justice System. This is yet another critical book for those seeking to understand the full scope of all that is wrong with the American justice system and how we got here, along with Radley Balko’s Rise of the Warrior Cop, Michelle Alexander’s New Jim Crow (referenced herein, with solid points about where Alexander goes wrong in her presumptions), and Maya Schenwar and Victoria Law’s Prison By Any Other Name. Whereas Balko looks at police militarization, Alexander looks at mass incarceration, and Schenwar and Law look at probation and parole, here we look at the critical phase *between* arrest and conviction – the various and severely punitive pre-trial punishments and plea bargains. It is within the scope of this particular problem that Hessick shows just how large and pervasive this particular problem is – to the level that even as many often acknowledge its shortcomings, it is often protected as a means of not “overburdening” the courts! (A tip for “lawmakers”: Rescind 10 laws for every 1 you pass. That would go quite far in reducing the burden on the courts. #ijs 😉 )
Truly a remarkable and shocking work, and one that every American needs to read. Very much recommended.
This review of Punishment Without Trial by Carissa Byrne Hessick was originally written on August 22, 2021.
Excellent Examination Of US Judicial System. This is an excellent examination of the US Judicial system, from a former US District Court judge. Indeed, the *singular* outright flaw in the ARC copy I read was its lack of bibliography and citations, which I expect will be corrected in the published edition. For the most part, Judge Rakoff’s examinations and explanations ring true and he cites several well known works in the field, including Michelle Alexander’s The New Jim Crow during the discussion of the problem of mass incarceration. My only quibble – and it is just a quibble, just as the comments I am about to refer to are almost asides themselves – are a couple of points where the Judge makes comments about a couple of cases of a more political nature. (Including Bush v Gore and Citizens United, among perhaps a handful of others.) Overall one of the better examinations of the breadth of the US Judicial system, and even its acknowledged origins as a set of essays isn’t really obvious or noticeable. Very much recommended.
This review of Why The Innocent Plead Guilty And The Guilty Go Free by Jed S Rakoff was originally written on February 18, 2021.