Rakoff reaches far beyond corporate boardrooms to highlight an array of shortcomings within the criminal justice system ... Just like his criticism of plea bargaining, the book’s most compelling moments cast doubt on widely held assumptions about the justice system ... The one hiccup in this pithy and persuasive work is a detour denouncing the broad scope of presidential authority. It is a brief diversion from the question at the heart of the book: Rakoff may paint a convincing picture of a broken and unfair criminal justice system, but will others sign on to his proposals? Making sweeping changes to plea bargaining, downgrading the emphasis on forensic evidence and eyewitness testimony, and reducing prosecutorial discretion have little traction among law enforcement groups and political leaders. Though few judges have joined Rakoff’s push for reform, his message to fellow jurists is more likely to resonate: 'Unless we judges make more effort to speak out against this inhumanity,' he asks his colleagues, 'how can we call ourselves instruments of justice?'
... well-informed and provocative ... [Rakoff] remains 'cautiously optimistic that my fellow Americans will rise to the challenge' of repairing the system. If they do, it may be in part because of some of the inspiration and wisdom he provides here.
Highlighting both contemporary and historical influences, Rakoff breaks down the assumptions and expectations many Americans hold about justice and how it is served ... 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.
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 ... 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.
Although Rakoff sometimes uses unnecessarily dense language, 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...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.
... excoriating and exceptionally knowledgeable ... Rakoff builds his case with precise evidence and clear intent. The result is a persuasive and practicable call for reform.
