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bookanonjeff's review against another edition
3.0
Scant Documentation Makes A Weaker Case. First, I generally agree with the author's overall points here, even while disagreeing with his more leftist slants on a lot of his recommendations - unionizing prison inmates among them. But even in cases such as here where I generally agree, I have a history of judging a book based on the actual merits of the actual arguments and verifications therein, and this book simply doesn't hold up. Its Bibliography (at least in the Advance Review Copy form) is barely 15% of the text, which is about half the norm and maybe 1/3 the length of the Bibliography of truly well documented treatises. And while the author's career experience as a litigating attorney can account for some of it, even here - provide at least some documentation for your claims, so that those who *don't* have that background can verify them. But the lack of documentation is the primary argument here for overall lack of persuasiveness. Furthermore, another star was deducted for ultimately not satisfying the overall premise as laid out in the description - which admittedly is a combined effort of both author and publisher, and not always in the author's hands. Still, the description here proposes that the book argues that plea bargaining "produces a massive underclass of people who are restricted from voting, working, and otherwise participating in society"... and while Canon occassionally makes reference to this, he never really establishes that particular line of reasoning here. Indeed, for *that* side of the criminal justice system there really are a few other vastly superior texts that have released over the last few years. Instead, Canon more takes these as a given - again, with little documentation - and argues - with little documentation - that plea bargaining is the chief cause of this. As stated at the beginning of this review, while I *generally* agree with this line of reasoning, I simply expect a better documented (and ultimately more evenly argued) presentation of this, particularly in a book released to a wide audience, including those who may be predisposed to *not* agreeing with the argument for any number of reasons. Still, ultimately a worthy read that at least adds yet another voice to the conversation, and for that reason it is very much recommended.
chaptersbydani's review
5.0
“What we have inherited is an amoral system of criminal proceedings; it cannot be called criminal justice….. So why not look at the faults— and yes, the motives— of the system itself? Would a system devoted to high-minded principles of fairness and justice produce these results?”
This is one of my most anticipated reads of the year and it did not disappoint. This book fills a much-needed gap in legal literature. There are, of course, many books on criminal justice reform and countless books that also take aim at plea bargaining. What makes Pleading Out different is that this is effectively a “one stop shop”, written to be accessible to legal professional and layman alike, for those who want to learn about the plea-bargaining system. Canon strips away the elitism of the legal profession to rope everyone into the conversation.
Despite filling a much-needed gap, I feel that a lot of people aren’t going to be ready for Pleading Out. Pointing out that the law has been used as a weapon to control the poor, that plea bargaining is a powerful weapon of control, and that the plea-bargaining system should be eradicated in the interest of justice and fairness is a bold stance. After all, Americans-- especially lawyers— do not seem to welcome change and Canon is taking aim at a system that has become so normalized that most cannot even begin to fathom criminal justice without it. Canon isn’t trying to make friends with this book; judges, prosecutors, defense attorneys, police officers, politicians/ legislators, and even laypeople are each thoroughly analyzed for their role in perpetuating a faulty system. It is going to put people on the defensive. It takes that boldness to create meaningful change though and Canon has certainly set the ball rolling here.
There are a lot of things that I love and are done really well in this book:
* Thorough legal, historical, and sociopolitical analysis of the development, implementation, and effects of plea bargaining.
* Accessible and understandable language. Yes, I mentioned it earlier. It’s worth mentioning again. Canon is a master at breaking down complex legal concepts so that anyone, regardless of background, can understand.
* Highlighting of cases and stories of folks who would have otherwise been forgotten to time or lost in the fray of the criminal justice system. This is something that I particularly appreciate. Dan Canon never loses sights of the individuals caught in the system.
* Canon also pulls from the wisdom of activists, attorneys, judges, and scholars all over the country. I particularly appreciate the effort to highlight the work of brilliant minds from Kentucky.
* Canon’s respect and kindness for the people he discusses in the book.
* Most importantly, the solutions and the frank discussion of their likelihood of success and the work it takes to implement them. Shots of hope like this—especially from an attorney who, amongst civil rights and criminal law practice, has done movement lawyering—is needed and inspiring.
It is no exaggeration when I say that I believe that every human on American soil should read this at some point. I have seen some complaints in other reviews and, frankly, I think those reviewers either didn’t read the book of simply missed the entire point of the book but I want to address them here.
* “Leftist agenda”—Canon does throw around terms like “class solidarity,” “worker solidarity,” and “grassroots advocacy” which obviously incites pearl clutching, screaming, and creates a demand for smelling salts in today’s society (/s if not obvious). Canon begins his analysis not with plea bargaining specifically but with the purpose of laws and the development of the common law legal system. Canon, rightfully, argues that the point of a legal system is for the elite ruling class to control the lower classes. He starts this argument at the signing of the Magna Carta and continues it to the modern day. He includes legal, historical, and sociopolitical data in this analysis. Canon also looks to and consults people all over the political spectrum that have diverse backgrounds in this book. While Canon does have his own opinions (which he is clear about), Pleading Out is far from a leftist manifesto.
* Citations/ Depth of Research: I’ve seen this issue on two points so I will address both.
- First is the depth of research. Canon pulls on a well of resources but is the first to admit that actual statistical data quantifying aspects of the plea-bargaining system is hard to come by because of the nature of plea bargaining—there is nobody tracking the number of backroom deals that take place by day per jurisdiction. That said, this book does not lack statistical data, nor is it short on other sources. Canon relies on numerous cases, studies, and the experiences of legal professionals around the country.
- Secondly is the actual number of citations. I am going to hazard a guess that this is coming from someone in the legal community who is used to “Id.” being sprinkled around like confetti on a kid’s ice cream sundae. At no point was I confused on what Canon was citing. He was very clear where data points, quotes, and facts came from. It is all right there in the text and footnotes. I am not going to fault him for not creating a visual train wreck in a book meant to also appeal to laymen who may or may not know what “Id.” means as a citation.
All in all, this is a masterpiece. It is well researched, highly persuasive, and thorough in analysis. Easy five stars and I highly recommend grabbing a copy.
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