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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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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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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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