Judging A Book: Bibas Reviews Rakoff's 'Why The Innocent Plead Guilty'

By U.S. Circuit Judge Stephanos Bibas (March 22, 2021, 5:32 PM EDT) -- This article is part of an Expert Analysis series of book reviews from judges.

Judge Stephanos Bibas

It is one thing to identify a problem, but another to provide a workable solution. In "Why the Innocent Plead Guilty and the Guilty Go Free," U.S. District Judge Jed Rakoff does both.

In the book, Judge Rakoff of the U.S. District Court for the Southern District of New York catalogues the many ways our criminal justice system is "broken." He starts with the system's entrance, explaining how almost all defendants plead guilty and trials are nearly obsolete. Even for the few cases that...

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