
(Click on the book images for details via Amazon.com.)
The USA is the most punitive of all wealthy countries. One American adult in 100 is locked behind bars—that’s five times the incarceration rate in Britain, nine times the rate in Germany, and 12 times the rate in Japan. Unfortunately, higher incarceration rates do not necessarily result in lower crime rates.
Some people believe order is more important than justice—until they’re arrested for a crime they didn’t commit (or that they didn’t realize they committed).
Three Felonies a Day: How the Feds Target the Innocent
By Harvey A. Silverglate
Encounter Books, 2009, 325 pages
$25.95 Hardcover, $14.27 Kindle
Modern federal criminal laws have not only exploded in number, but also become so broad and vague that you have probably committed three felonies today, says Silverglate. He reveals how prosecutors can pin arguable federal crimes on any one of us, for even the most seemingly innocuous behavior. No social class or profession is safe from this form of social control by the government, warns Silverglate, who is a Boston criminal defense lawyer.
Ordinary Injustice: How America Holds Court
By Amy Bach
Metropolitan Books, 2009, 320 pages
$27.00 hardcover, $9.99 Kindle
Too many people don’t give a damn about preserving the rights and protections of criminal defendants, because the people accused and incarcerated tend to be poor and minorities. Do we really care what happens to them?
Be very careful. The rights and protections afforded criminal defendants form one of the cornerstones of freedom in America. Many people are arrested and charged for crimes they didn’t commit. If we let them be victims of prosecutorial abuse, we would not be free. That is, if we let them rot in the shoddy and corrupt criminal justice system, how much time before we (or someone close to us) are wrongfully prosecuted too?
Bach, a lawyer and journalist, compellingly portrays the people who suffer from the shoddiness of the system. She is a good storyteller. But she is short on practical solutions.
“Amy Bach takes us into courtrooms, judges’ chambers, and prosecutors’ offices and reveals what years of bias, neglect, and indifference have left: a system where the accused, victims, and their families get little or no individual attention, are often bewildered by the process and, at the end of the day are left without justice.” —Reverend Joseph E. Lowery, co-founder and president emeritus of the Southern Christian Leadership Conference
One Nation Under Arrest: How Crazy Laws, Rogue Prosecutors, and Activist Judges Threaten Your Liberty
By Paul Rosenzwieg and Brian W. Walsh
The Heritage Foundation, 2010, 268 pages
$14.95 paperback
America is in the throes of “overcriminalization”: We are making and enforcing far too many criminal laws that “create traps for the unwary” and “threaten to make criminals out of those who are doing their best to be respectable, law-abiding citizens.”
The authors urge us to “[take] the steps necessary to ensure that American criminal law once again routinely exemplifies the right principles and purposes.” The alternative, they warn, “is to squander the great treasure that is the American criminal justice system.” The Heritage Foundation, which published this book, is a conservative think tank based in Washington, DC.
The Tyranny of Good Intentions: How Prosecutors and Law Enforcement Are Trampling the Constitution in the Name of Justice
By Paul Craig Roberts and Lawrence M. Stratton
Three Rivers Press, 2008, 288 pages
$14.95 Paperback, $9.99 Kindle
Of the four books reviewed here, this is the only one I’d call wacky. It’s an alarmist, libertarian polemic, warning of a “police state that is creeping up on us from many directions…We the People have vanished.” The authors suggest that America, barring “an intellectual rebirth,” may go the way of “German Nazis and Soviet communists.”
Roberts and Stratton warn that our cherished individual rights are being destroyed by overzealous prosecutors, malevolent bureaucrats, law enforcement agents run amok, and pandering politicians who (indeed) compete to see who can be toughest on crime.
Wackiest of all is their characterization of J. Edgar Hoover as a paragon of morality and law enforcement restraint, qualities that they feel are lacking in American leaders today.
Publishers Weekly said, “Lost in the rhetoric of the authors’ call to arms is a useful analysis of how to balance competing individual and societal interests without sacrificing fundamental rights.”


























