A recent study estimates that thousands of innocent people are wrongfully imprisoned each year in the United States. Some are exonerated through DNA evidence, but many more languish in prison because their convictions were based on faulty eyewitness accounts and no DNA is available. Prominent criminal lawyer and law professor Abbe Smith weaves together real life cases to show what it is like to champion the rights of the accused. Smith describes the moral and ethical dilemmas of representing the guilty and the weighty burden of fighting for the innocent, including the victorious story of how she helped free a woman wrongly imprisoned for nearly three decades.
For fans of Law and Order and investigative news programs like 20/20, Case of a Lifetime is a chilling look at what really determines a person's innocence.
I have one set of grandparents that supports my eventual career goal of criminal defense, and one set that does not. The set that does bought me this book for my birthday and I finally got to read it.
I'm going to go out on a limb and say that it annoys me how all of my mentors, etc., say that there are just "defense people" and you either are one or you're not. What frustrates me about this is the fear that I'm not, that I don't have the right ethical instincts on these very complicated matters. Can one have the passion and strength to be a defense lawyer, to defend the guilty and, as this book points out, the strength to handle the pressure of defending the innocent, and yet lack that grasp on the malleability of truth to zealously represent the client? Or worse, lack the sense of boundary and overstep ethical lines? Also, so many of the "defense people," including the author of this book, NEVER took their eye off the ball. Not to be a summer associate, not to clerk, and definitely not to work for a law firm (even the small litigation boutique I decided to join!). Am I exaggerating my passions in my own head?
The strength of this book was Abbe Smith's description of those blurry ethical boundaries. I rolled my eyes when she first brought up all those cliches about being a defense lawyer. This is probably because my one viewing of "Raising the Bar" nauseated me to the point that all of the stock reasons truly empassioned people give for working in the field no longer resonate with me. But the author here hooked me, especially in her discussion of defending the guilty.
Also and a bit more relevantly, I enjoyed her discussion of the ethics of plea bargaining or not relative to the guilt or innocence of a party. She made the interesting point that innocent convicts sentenced to life in prison fall through the cracks because of the attention given to death penalty cases, something I'd never really thought about before.
What didn't compel me as much as it should have was the whole point of the book itself - the actual story of this woman who spent 30 years in prison for a crime she did not commit. Why? I'm not quite sure. The description of the woman never quite gelled for me. The author described her as practically saintly, but was quick to follow up with details about how she got angry and frustrated from time to time. I don't know, the narrative just didn't create the empathy I wanted to feel. Maybe this is just an example of lawyers writing lawyerly stuff well, and creative stuff poorly?
Abbe Smith is a criminal defense lawyer who believes in what she does, even though she never loses sight of the ethical complexities involved in defending what are mostly guilty persons.
Case of a Lifetime is the story of Smith's rare innocent clients. It recounts thestory of her decades long involvement in the case of Kelly Jarrett, who was convicted of murder based on a single eyewitness identification. That story is both sad and disturbing. Kelly was convicted as the accomplice of the actual killer, who was using her car at the time of the murder. The eyewitness originally told police he didn't see the face of the driver of the car, and wasn't even sure of the gender. As all too often happens, by the time trial rolled around, the witness was emphatic in his identification, which was basically the only evidence against Kelly.
In her early twenties at the time of her conviction, Kelly won a reversal of her conviction ten years later, based on the court's determination that the identification was flawed as a matter of law. Pending appeal, the state offered her a plea deal: plead guilty and she would receive a sentence of time served. In other words, simmply by admitting guilt, she would go free. She elected to refuse the deal because she was innocent, but on appeal, the lower court was reversed. Ultimately, all other appeals and a plea for clemency were unsuccessful, but she was finally granted parole when she first became eligible for it. But that was after serving over 28 years in prison.
Case of a Lifetime is not only Kelly's story. It is also the story of how her case affected Smith, or "the peculiar burden innocence places on the professional." Despite Smith's long and hard efforts, there was no story book ending. Rather, Smith was frustrated by her inability to achieve justice, and ended up wondering if Kelly might have been released when she was even if Smith had never done anything for her at all. In some ways, then, for Smith Kelly's story was a study in futility.
It is also a revealing look at our criminal justice system, in which truth and justice often take a back seat to process and efficiency. A glaring example of the truth of this is that the United States Supreme Court has found that actual innocence is not a ground for appeal. If the trial was fair, it doesn't matter if the jury reached the wrong result. This is disheartening, even if most juries do reach the right result. This is especially so when an innocent person has been convicted.
As Smith notes: "The assumption that the system works and that those who are caught up in it are guilty is pervasive. It is hard enough to fight that assumption prior to trial when the accused is supposed to be presumed innocent. Once there is a conviction, the system doubles back on itself, becoming impenetrable. The legal niceties have been applied. The jury has spoken. Only under extraordinary circumstances will a verdict be undone."
Smith writes that she had no idea "how utterly random justice could be." She says the system is far from perfect, being marred by lying witnesses and manufactured evidence, as well as well intentioned misconduct, i.e., going overboard to convict a defendant police and prosecutorssincerely believe to be guilty. In sum, most criminal defense lawyers agree that there is nothing more difficult than defending the innocent. This book shows why.
I really enjoyed this book. The author is a friend of one of my professors, but I didn't realize that until I was nearly done. It is a terrifying story about an innocent woman who spent 28 years in prison for a murder she did not commit.
The reason I enjoyed it was that it really explored the author's feelings about her client, about her other clients, and as much as possible, explored Patsy Kelly Jarrett's feelings about her incarceration.
Kelly served twenty-eight years for a crime she did not commit. Abbe, her attorney, exhausted every possibility to get her out. Kelly's story is chilling in that she could have been any one of us women, riding with a man, a friend, who commits a crime, which we were not aware yet later are found guilty. Kelly's conviction has nothing to do with color. Kelly is white. The law is just and is an unjust moral law.
I enjoyed the book; however, I hated how she belittled the clients faith in God, even when things didn't go her way. She should not have been criticizing her client's faith in God. Not good practice.
This book details Abbe Smith’s representation of Kelly, a woman she ardently thinks is innocent, from when Smith was a law student like me until just a few years ago. Smith actually joined our class discussion and explained that she wrote this book as part of her attempt to get Kelly out of prison—I can’t imagine there being any bigger indication that you believe in your clients innocence. This too was a good read and Smith sprinkled in some details of other cases. My biggest issue with this one though was I honestly didn’t totally believe in Kelly’s innocence, or at least I didn’t believe the story Kelly told. I can’t really explain without giving details away, but I definitely didn’t think she was a murderer or knew about her companions murder, I just also was skeptical about some aspects of her story.
Abbe Smith details her involvement in defending a woman convicted of accomplice to murder starting with her appeals process through the next 25 years. Smith is convinced of the woman's innocent, and becomes professionally and personally involved in getting Kelly subsequent hearings, then a pardon, and then parole.
I thought this book was brave of Smith to write. She opened herself up and put a personal touch on how emotionally taxing these types of cases can be, but also how worthwhile. Smith called into our Social Justice class—this was the last book for my summer class—and she was extremely impressive. She was confident, well spoken, and passionate. Talking to her definitely boosted my rating of this book.
"[D]efending the innocent is no more virtuous than defending the guilty."
As a fledgling advocate for criminal defendants, I strongly agree with Abbe's observation. As a reader of her well-crafted and sympathetic story about Patsy Kelly Jarett, I can't imagine that this would be the book to win any converts.
I was excited to see this book in a classmate's hands who suggested I read it after we had just exchanged one of Professor Smiths law review article about public defense and clinical education. I've had just enough time before finals to dive into a bit of personal reading, and, when it's written by a former NYU Law student and current Clinical Professor, I can probably pass the reading off as part of school work anyways, right!?
The Case of a Lifetime follows Abbe's professional and personal relationship with Patsy Kelly Jarett, a young woman from North Carolina convicted of felony murder. Abbe first meets Kelly when she asks for the case as part of her Prison Law Clinic at NYU. While Kelly is a remarkable woman in many ways, an very unremarkable in some, one of Abbe's clear draws to the case once she meets Kelly is her indefatigable protestations of innocence.
And so comes the question of whether there is anything inherently more righteous about defending the innocent as opposed to defending the 'guilty.' While Abbe claims that there's not, she's not afraid of noting that the first may in fact be harder.
As the book races forward, Kelly remains incarcerated at an Upstate women's prison, Bedford Hills, where many of my classmates participate in a Prisoner's Education Project. Abbe, however, doesn't remain a law student for long. She moves on to practice, developing her own career as a practitioner and professor, while Kelly remains behind bars.
Through ups and downs in Kelly's case, Abbe remains deeply committed, despite fading out of the picture at times. What doesn't change is Abbe's belief in Kelly's innocence.
A sharply painted picture of the injustices wrought by the criminal legal system, the Case of a Lifetime is a quick and easy read that can easily reel in the sympathetic. Despite Abbe's tackling of 'the question' in a half chapter, it will not likely yield great perspective into why criminal defense, or why work with everyone. But, perhaps that's not the point. Here, Professor Smiths seems only to want to tell Kelly's story. A story that has stayed with her almost her entire life, and likely will remain with her for the duration of her practice.
Well worth picking up for students and curious onlookers!
Abbe is an excellent attorney who is still doing top-notch work in D.C. Her book conveys her care for her clients. And her work for this one client, a convicted woman who is probably innocent, shows her determination and creativity. Young attorneys should read this book to learn about how they should care for their clients.
Another important point in this book is the terrible path that innocent convicts must take to prove their innocence. It is harder to prove innocence after conviction than it is for prosecutors to get the conviction. Abbe's client was not exonerated like most innocent people in cases that do not involve DNA. People should be enraged and demand change to the habeas corpus process.
I related to the part where she talked about her guilt for enjoying or even just living her life in freedom while her client served a sentence that did not fit the crime. I understand the guilt of feeling like you can't do enough or get the results quick enough to fully support others to be the best they can be. But that's the time when it's a great reminder to understand that life is a journey that even when it looks like something is standing still...that seemingly immobile aspect still manages to set other pieces into motion. The book is inspiring.
Vacillated between two and three stars. I thought the discussions on ethics and lawyering were good but the storytelling parts were a little repetitive and dry. I guess that just means she's a better lawyer than writer (which is probably a good thing for her clients).
This is a book by one of clinical professors in law school. It's a fascinating case study and she thoughtfully and clearly lays out the reasons why she (and others of us) are so passionate about criminal defense work.
I read this for school. There were no interesting issues of law in the book--just one lawyer sensationalizing her biggest case. Honestly, I'd rather just watch The Practice.