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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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BEYOND THE GENDER BINARY

From the Pocket Change Collective series

A fierce, penetrating, and empowering call for change.

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Artist and activist Vaid-Menon demonstrates how the normativity of the gender binary represses creativity and inflicts physical and emotional violence.

The author, whose parents emigrated from India, writes about how enforcement of the gender binary begins before birth and affects people in all stages of life, with people of color being especially vulnerable due to Western conceptions of gender as binary. Gender assignments create a narrative for how a person should behave, what they are allowed to like or wear, and how they express themself. Punishment of nonconformity leads to an inseparable link between gender and shame. Vaid-Menon challenges familiar arguments against gender nonconformity, breaking them down into four categories—dismissal, inconvenience, biology, and the slippery slope (fear of the consequences of acceptance). Headers in bold font create an accessible navigation experience from one analysis to the next. The prose maintains a conversational tone that feels as intimate and vulnerable as talking with a best friend. At the same time, the author's turns of phrase in moments of deep insight ring with precision and poetry. In one reflection, they write, “the most lethal part of the human body is not the fist; it is the eye. What people see and how people see it has everything to do with power.” While this short essay speaks honestly of pain and injustice, it concludes with encouragement and an invitation into a future that celebrates transformation.

A fierce, penetrating, and empowering call for change. (writing prompt) (Nonfiction. 14-adult)

Pub Date: June 2, 2020

ISBN: 978-0-593-09465-5

Page Count: 64

Publisher: Penguin Workshop

Review Posted Online: March 14, 2020

Kirkus Reviews Issue: April 1, 2020

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  • New York Times Bestseller

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THE GREATEST SENTENCE EVER WRITTEN

A short, smart analysis of perhaps the most famous passage in American history reveals its potency and unfulfilled promise.

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Words that made a nation.

Isaacson is known for expansive biographies of great thinkers (and Elon Musk), but here he pens a succinct, stimulating commentary on the Founding Fathers’ ode to “life, liberty, and the pursuit of happiness.” His close reading of the Declaration of Independence’s second sentence, published to mark the 250th anniversary of the document’s adoption, doesn’t downplay its “moral contradiction.” Thomas Jefferson enslaved hundreds of people yet called slavery “a cruel war against human nature” in his first draft of the Declaration. All but 15 of the document’s 56 signers owned enslaved people. While the sentence in question asserted “all men are created equal” and possess “unalienable rights,” the Founders “consciously and intentionally” excluded women, Native Americans, and enslaved people. And yet the sentence is powerful, Isaacson writes, because it names a young nation’s “aspirations.” He mounts a solid defense of what ought to be shared goals, among them economic fairness, “moral compassion,” and a willingness to compromise. “Democracy depends on this,” he writes. Isaacson is excellent when explaining how Enlightenment intellectuals abroad influenced the founders. Benjamin Franklin, one of the Declaration’s “five-person drafting committee,” stayed in David Hume’s home for a month in the early 1770s, “discussing ideas of natural rights” with the Scottish philosopher. Also strong is Isaacson’s discussion of the “edits and tweaks” made to Jefferson’s draft. As recommended by Franklin and others, the changes were substantial, leaving Jefferson “distraught.” Franklin, who emerges as the book’s hero, helped establish municipal services, founded a library, and encouraged religious diversity—the kind of civic-mindedness that we could use more of today, Isaacson reminds us.

A short, smart analysis of perhaps the most famous passage in American history reveals its potency and unfulfilled promise.

Pub Date: Nov. 18, 2025

ISBN: 9781982181314

Page Count: 80

Publisher: Simon & Schuster

Review Posted Online: Aug. 29, 2025

Kirkus Reviews Issue: Oct. 1, 2025

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