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PLEADING OUT

HOW PLEA BARGAINING CREATES A PERMANENT CRIMINAL CLASS

A compelling document of interest to anyone concerned with civil rights and an equitable system of justice.

A full-throated denunciation of a judicial system grown lazy, complacent, and overly given to forcing confessions for its own convenience.

Civil rights attorney Canon, whose legal work helped secure nationwide marriage equality, argues that the plea-bargaining system on which courts rely originally served the ruling class by “dividing up America’s ever-growing working class before it got big enough to take over.” He opens with a 1972 case in which a Kentuckian caught up in a check-kiting scheme in the amount of $88.30 insisted on his innocence and rejected the prosecution’s offer of a five-year prison sentence without trial. That refusal earned him a life sentence, according to a statute that allows the prosecution to seek maximal penalties for the recalcitrant. Small wonder that so many accused Americans take plea deals, “a quotidian injustice that most of the public doesn’t know or care much about.” This injustice, Canon insists, is a feature and not a bug of a legal system that would otherwise have to bring cases to trial, which, he argues, would not be a bad thing, since it would force prosecutors to actually prove guilt before a jury. Of course, as the author also shows, the jury system is fundamentally flawed since it penalizes workers whose employers don’t make allowances for public service—workers who are mostly minority and working-class, which explains the overwhelming Whiteness of juries. Canon incisively demonstrates how the rise of plea bargaining is a way for prosecutors to decrease their workloads. “Expediency, not fairness, is the principal concern,” he writes. Since plea bargains usually carry mandatory jail time, the ploy explains why our population of the imprisoned and the criminal class is so much higher than that of other nations. There are cures, Canon argues at the end of his well-reasoned argument. For one, “prosecutors can voluntarily screen cases to streamline the docket rather than just scramble to resolve a high volume of cases in a short amount of time.”

A compelling document of interest to anyone concerned with civil rights and an equitable system of justice.

Pub Date: March 8, 2022

ISBN: 978-1-5416-7467-7

Page Count: 336

Publisher: N/A

Review Posted Online: Dec. 11, 2021

Kirkus Reviews Issue: Jan. 1, 2022

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WHEN BREATH BECOMES AIR

A moving meditation on mortality by a gifted writer whose dual perspectives of physician and patient provide a singular...

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A neurosurgeon with a passion for literature tragically finds his perfect subject after his diagnosis of terminal lung cancer.

Writing isn’t brain surgery, but it’s rare when someone adept at the latter is also so accomplished at the former. Searching for meaning and purpose in his life, Kalanithi pursued a doctorate in literature and had felt certain that he wouldn’t enter the field of medicine, in which his father and other members of his family excelled. “But I couldn’t let go of the question,” he writes, after realizing that his goals “didn’t quite fit in an English department.” “Where did biology, morality, literature and philosophy intersect?” So he decided to set aside his doctoral dissertation and belatedly prepare for medical school, which “would allow me a chance to find answers that are not in books, to find a different sort of sublime, to forge relationships with the suffering, and to keep following the question of what makes human life meaningful, even in the face of death and decay.” The author’s empathy undoubtedly made him an exceptional doctor, and the precision of his prose—as well as the moral purpose underscoring it—suggests that he could have written a good book on any subject he chose. Part of what makes this book so essential is the fact that it was written under a death sentence following the diagnosis that upended his life, just as he was preparing to end his residency and attract offers at the top of his profession. Kalanithi learned he might have 10 years to live or perhaps five. Should he return to neurosurgery (he could and did), or should he write (he also did)? Should he and his wife have a baby? They did, eight months before he died, which was less than two years after the original diagnosis. “The fact of death is unsettling,” he understates. “Yet there is no other way to live.”

A moving meditation on mortality by a gifted writer whose dual perspectives of physician and patient provide a singular clarity.

Pub Date: Jan. 19, 2016

ISBN: 978-0-8129-8840-6

Page Count: 248

Publisher: Random House

Review Posted Online: Sept. 29, 2015

Kirkus Reviews Issue: Oct. 15, 2015

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ONE DAY, EVERYONE WILL HAVE ALWAYS BEEN AGAINST THIS

A philosophically rich critique of state violence and mass apathy.

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An Egyptian Canadian journalist writes searchingly of this time of war.

“Rules, conventions, morals, reality itself: all exist so long as their existence is convenient to the preservation of power.” So writes El Akkad, who goes on to state that one of the demands of modern power is that those subject to it must imagine that some group of people somewhere are not fully human. El Akkad’s pointed example is Gaza, the current destruction of which, he writes, is causing millions of people around the world to examine the supposedly rules-governed, democratic West and declare, “I want nothing to do with this.” El Akkad, author of the novel American War (2017), discerns hypocrisy and racism in the West’s defense of Ukraine and what he views as indifference toward the Palestinian people. No stranger to war zones himself—El Akkad was a correspondent in Afghanistan and Iraq—he writes with grim matter-of-factness about murdered children, famine, and the deliberate targeting of civilians. With no love for Zionism lost, he offers an equally harsh critique of Hamas, yet another one of the “entities obsessed with violence as an ethos, brutal in their treatment of minority groups who in their view should not exist, and self-­decreed to be the true protectors of an entire religion.” Taking a global view, El Akkad, who lives in the U.S., finds almost every government and society wanting, and not least those, he says, that turn away and pretend not to know, behavior that we’ve seen before and that, in the spirit of his title, will one day be explained away until, in the end, it comes down to “a quiet unheard reckoning in the winter of life between the one who said nothing, did nothing, and their own soul.”

A philosophically rich critique of state violence and mass apathy.

Pub Date: Feb. 25, 2025

ISBN: 9780593804148

Page Count: 224

Publisher: Knopf

Review Posted Online: Dec. 14, 2024

Kirkus Reviews Issue: Jan. 15, 2025

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