Review by Booklist Review
Rakoff brings nearly 25 years' experience as a senior judge for the Southern District of New York to this exploration of various forces that impact the legal system. Highlighting both contemporary and historical influences, Rakoff breaks down the assumptions and expectations many Americans hold about justice and how it is served. For example, the belief that everyone has a right to a trial by jury is challenged by the reality that only three to five percent of cases ever to go trial; Rakoff also questions the objectivity and strength of scientific evidence. His work covers the roots of injustices pertaining to criminal convictions, white-collar crime, the use of scientific experts, the suspension of habeas corpus, and the role of the Supreme Court. Based on essays originally published in the New York Review of Books, this inquiry is understandable and relevant, if somewhat uneven at times. Throughout, Rakoff's passion to share his invaluable expertise and to elucidate key failings of the legal system rings loud and clear.
From Booklist, Copyright (c) American Library Association. Used with permission.
Review by Publisher's Weekly Review
Federal judge Rakoff debuts with an excoriating and exceptionally knowledgeable analysis of flaws in the U.S. justice system. Federal and state prosecutors, Rakoff argues, have used the threat of harsh mandatory minimum sentences to weaponize plea bargaining, contributing to the "scourge" of mass incarceration and creating a "secret and government-dictated" criminal justice system that is "inconsistent with our constitutional notions of fair play." In the few cases that do go to trial, prosecutors present dubious testimony from eyewitnesses and forensic experts, according to Rakoff, who cites a 2015 Department of Justice report concluding that FBI examiners gave "scientifically invalid testimony" in more than 95% of cases where microscopic hair analysis was used to establish a defendant's guilt. Rakoff also condemns the justice system for failing to go after corporate wrongdoers, and faults the Supreme Court for being too deferential to the executive branch. His solutions include prosecuting business executives for fraud, rather than imposing fines on their companies, and repealing sentencing guidelines passed in the 1970s and '80s. Rakoff builds his case with precise evidence and clear intent. The result is a persuasive and practicable call for reform. Agent: Chris Calhoun, Chris Calhoun Agency. (Feb.)
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Review by Library Journal Review
Senior U.S. District Judge for the Southern District of New York Rakoff explores faults of the American criminal justice system. He explains how mandatory minimum sentencing, prosecutorial reliance on plea bargaining, and misguided legislation have hamstrung the judiciary with the inability to positively influence the very system in which it lives. Having served on the National Commission on Forensic Service, Rakoff offers possible solutions, both political and judicial, and a unique perspective on problematic forensic evidence. The book tends to be repetitive and it loses focus at times, likely because each chapter was once a stand-alone essay previously published in the New York Review of Books. The latter half of the work is dedicated to complex constitutional issues, and the main thesis of judicial failure to ensure justice served for both the innocent and the guilty is lost. VERDICT With some weaknesses in the writing yet with important insights into the future of the justice system, this title is best suited for academic and law libraries and public libraries with a devoted criminal justice or legal readership rather than a general audience.--Jessica Hilburn, Benson Memorial Lib., Titusville, PA
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Review by Kirkus Book Review
A veteran of the bench hands down sobering judgments about the U.S. judicial system. We want to think that when we have our day in court, justice will be served. In this debut collection of essays, Rakoff, drawing on two-plus decades of experience as a federal judge, suggests otherwise, describing a system "beset by hypocritical pretentions, conundrums, paradoxes, and shortcomings." Our courts, he argues, function differently than how the Founding Fathers intended, contrary to what is portrayed in the media and in opposition to the notions of most Americans. The author comes at his topic from varying angles, arguing that eyewitness testimony is dubious; the death penalty is far from error-free (and more expensive than incarceration); and the amazing forensics portrayed on TV shows are not necessarily based on reliable science. Saliently, he also shows that many accused enter into pleas in which prosecutors hold all the cards, and a compelling minihistory of Chief Justice John Marshall illustrates how his court set the standard for a judicial system "more deferential to the executive branch…than to the legislative branch," the echoes of which are heard today. Some of these pieces began as articles in the New York Review of Books and remain in that style. Although Rakoff sometimes uses unnecessarily dense language--e.g., "the future deterrent value of successfully prosecuting individuals far outweighs the prophylactic benefits of imposing compliance measures that are often little more than window-dressing"--a law degree is not required to follow the narrative, which never slips into screed. As the author makes clear, our justice system affects all of us. We pay dearly--financially and otherwise--when people are imprisoned falsely or for longer than they should be. In addition to laying out the flaws, Rakoff offers practical solutions. Even if you do not agree with his answers, it's hard to refute his case that we have serious problems that deserve attention. Not every citizen will read this book, but we'd be better off if a good many did. Copyright (c) Kirkus Reviews, used with permission.
Copyright (c) Kirkus Reviews, used with permission.
