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WHY THE INNOCENT PLEAD GUILTY AND THE GUILTY GO FREE

AND OTHER PARADOXES OF OUR BROKEN LEGAL SYSTEM

Not every citizen will read this book, but we’d be better off if a good many did.

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.

Pub Date: Feb. 16, 2021

ISBN: 978-0-374-28999-7

Page Count: 208

Publisher: Farrar, Straus and Giroux

Review Posted Online: Nov. 2, 2020

Kirkus Reviews Issue: Dec. 1, 2020

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WHAT THIS COMEDIAN SAID WILL SHOCK YOU

Maher calls out idiocy wherever he sees it, with a comedic delivery that veers between a stiletto and a sledgehammer.

The comedian argues that the arts of moderation and common sense must be reinvigorated.

Some people are born snarky, some become snarky, and some have snarkiness thrust upon them. Judging from this book, Maher—host of HBO’s Real Time program and author of The New New Rules and When You Ride Alone, You Ride With bin Laden—is all three. As a comedian, he has a great deal of leeway to make fun of people in politics, and he often delivers hilarious swipes with a deadpan face. The author describes himself as a traditional liberal, with a disdain for Republicans (especially the MAGA variety) and a belief in free speech and personal freedom. He claims that he has stayed much the same for more than 20 years, while the left, he argues, has marched toward intolerance. He sees an addiction to extremism on both sides of the aisle, which fosters the belief that anyone who disagrees with you must be an enemy to be destroyed. However, Maher has always displayed his own streaks of extremism, and his scorched-earth takedowns eventually become problematic. The author has something nasty to say about everyone, it seems, and the sarcastic tone starts after more than 300 pages. As has been the case throughout his career, Maher is best taken in small doses. The book is worth reading for the author’s often spot-on skewering of inept politicians and celebrities, but it might be advisable to occasionally dip into it rather than read the whole thing in one sitting. Some parts of the text are hilarious, but others are merely insulting. Maher is undeniably talented, but some restraint would have produced a better book.

Maher calls out idiocy wherever he sees it, with a comedic delivery that veers between a stiletto and a sledgehammer.

Pub Date: May 21, 2024

ISBN: 9781668051351

Page Count: 384

Publisher: Simon & Schuster

Review Posted Online: March 5, 2024

Kirkus Reviews Issue: April 1, 2024

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WHAT WENT WRONG WITH CAPITALISM

Sure to generate debate, and of special interest to adherents of free market capitalism.

A book-length assertion that capitalism’s woes can be traced to government interventionism.

Sharma, an investments manager, financial journalist, and author of The 10 Rules of Successful Nations, The Rise and Fall of Nations, and other books, opens with the case of his native India. The author argues that it should be in a better position in the global marketplace, possessing an entrepreneurial culture and endless human capital. The culprit was “India’s lingering attachment to a state that overpromises and under-delivers,” one that privileged social welfare over infrastructure development. Much the same is true in the U.S., where today “President Joe Biden is promising to fix the crises of capitalism by enlarging a government that never shrank.” Refreshingly, Sharma places just as much blame on Ronald Reagan for the swollen state that introduced distortions into the market. Moreover, “flaws that economists blame on ‘market failures,’ including wealth inequality and inordinate corporate power, often flow more from government excesses.” One distortion is the government’s bloated debt, as it continues to fund itself by borrowing in order to pay for “the perennial deficit.” As any household budget manager would tell you, debt is ultimately unsustainable. Wealth concentration is another outcome of government tinkering that has, whether by design or not, concentrated wealth into the hands of a very small number of people, “a critical symptom of capitalism gone wrong, both inefficient and grossly unfair.” Perhaps surprisingly, Sharma notes that in quasi-socialist economies such as the Scandinavian nations, such interventions are fewer and shallower, while autocratic command economies are doomed to fail. “[T]oday every large developed country is a full-fledged democracy,” he writes, and the more freedom the better—but that freedom, he argues, is undermined by the U.S. government, which has accrued “the widest budget deficit in the developed world.”

Sure to generate debate, and of special interest to adherents of free market capitalism.

Pub Date: June 11, 2024

ISBN: 9781668008263

Page Count: 384

Publisher: Simon & Schuster

Review Posted Online: March 22, 2024

Kirkus Reviews Issue: April 15, 2024

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