Benforado lays out case after case, example after example of the injustice, corruption, ignorance and outright malice in the criminal justice system. But this is not just another book about structural racism or corruption, much of it is dedicated to exploring how profoundly incapable we are of living up to the fantasy of our justice system. In another example a twenty year old college student was raped at knife point. I also was not in the least swayed by his arguments that just because someone had some head injuries or might be predisposed to commit crimes that they should be somehow less culpable. The Founding Fathers were revolutionaries, after all. Ambiguity and doubt are pushed to the side. Every juror and every witness in every case is encouraged to have faith in his or her basic intuitions.
Bibliography Includes bibliographical references pages 293-367 and index. Weak ethical guidelines and loose professional constraints further encourage trial consultants and attorneys to use the insights from psychology and neuroscience to the detriment of accuracy, fairness, and justice. Not going the extra mile for your client is letting your client down. The perp was caught and punished swiftly -- and more than fairly. Some of it is race-related: Numerous studies show that those convicted of murdering white victims are more likely to be sentenced to death than when the victim is African-American. Not only is this book incredibly relevant to the various cases of wrongful convictions that are being uncovered on a daily basis, but it also offer some rationale for the police shootings that have been so prominent in the news lately.
Our nation is founded on the idea that the law is impartial, that legal cases are won or lost on the basis of evidence, careful reasoning and nuanced argument. They are trial consultants, members of a rapidly growing half-a-billion-dollars-a-year industry focused on bringing the insights and methods of social science to the world of litigation. Until we address these hidden biases head-on, Benforado argues, the social inequality we see now will only widen, as powerful players and institutions find ways to exploit the weaknesses of our legal system. Witness preparation and juror analysis are all just part of the modern trial. I also was not in the least swa I wanted to like this book, because I agree with many of the main points about the fallibility of the legal system, but this book is rife with modern psychology results that I find incredibly dubious presented as fact. Here is the table of contents: Part 1: Investigation 1.
D, and about half are trained as psychologists with obvious overlap between the two groups. An original and provocative argument that upends our most cherished beliefs about providing equal justice under the law. Adam Benforado has written a remarkable book that can help us understand the frustration that is occurring in communities in interactions with police and the judicial process. The automatic processes in our brain commonly referred to as System 1 quickly take in the scene and then reach a conclusion about the victim based on what is right in front of us, without considering what we might be missing. The best I can say is they at least organized the bibliography by chapter. This is an incredibly poor decision for someone who wants to profoundly change entrenched parts of officialdom.
The police officer can't read the mind of the suspect in the way the author did--and there was no indication the police officer was even aware of the race of the suspect. In the interests of transparency, I would like to share that I won this book through LibraryThing's Early Reviewers program in exchange for an honest review. An original and provocative argument that upends our most cherished beliefs about providing equal justice under the law. In 1970, there were fewer than 200,000 Americans locked up. .
This is difficult to accept. During the trial of Boston Marathon bomber Dzhokhar Tsarnaev, defense attorneys presented to the jury neuroscience research showing that the human brain is still growing until a person reaches their mid-20s. Consider the number of people one person encounters from an alleged crime to a trial; what are the chances each professional who works on your case directly and indirectly is a consummate impartial professional? Some may do so on purpose, but even more dangerous — some may do so unintendedly, without being aware of their bias, and worst of all, by holding the absolute conviction of being unbiased and neutral. Clients want the verdict to go their way. With the eye of a scholar and the ear of a storyteller, Benforado marshals the burgeoning research to illuminate the nexus between law and the mind sciences. In my view, the combination of case studies and data makes the book very readable and easy to follow. Ambiguity and doubt are pushed to the side.
Today modern science has given us much useful information about best practices for our judicial system and all over the world, but particularly in Europe, many examples are available that demonstrate that we can improve dramatically our system of criminal justice. While the author did caveat in his intro that correlation does not equal causation, he would often present study findings in a way that could easily be misconstrued as causal and did not discuss any important potential third variables. He also argues that crime labs should become more impartial rather than tools of the prosecution and should release their results to prosecution and defense simultaneously. Is it common to lie on purpose to a suspect and invent false evidence to get a confession? According to Benforado, we are all innately prejudiced so there is no way to achieve fairness. How and why are people bias? Police go into poor black neighborhoods and stop and frisk black people far more often. The evidence is all around us: Our system of justice is fundamentally broken.
Criminal law in the United States is far from perfect, and Benforado's thorough, thought-provoking examination is a welcome step in identifying and preventing institutionalized injustice. However the discussion of this admittedly very deep subject is very shallow. A major source of the disparity has to do with how knowledge is disseminated in society. Unfair is a deeply disturbing look at the criminal justice system in the United States. In summary, I absolutely loved this book! This is because the roots of injustice lie not inside the dark hearts of racist police officers or dishonest prosecutors, but within the minds of each and every one of us.