Jump to ratings and reviews
Rate this book

Tough Cases: Judges Tell the Stories of Some of the Hardest Decisions They’ve Ever Made

Rate this book
A rare and illuminating view of how judges decide dramatic legal cases—Law and Order from behind the bench—including the Elián González, Terri Schiavo, and Scooter Libby cases
Prosecutors and defense attorneys have it easy—all they have to do is to present the evidence and make arguments. It’s the judges who have the heavy lift: they are the ones who have to make the ultimate decisions, many of which have profound consequences on the lives of the people standing in front of them.

In Tough Cases, judges from different kinds of courts in different parts of the country write about the case that proved most difficult for them to decide. Some of these cases received international attention: the Elián González case in which Judge Jennifer Bailey had to decide whether to return a seven-year-old boy to his father in Cuba after his mother drowned trying to bring the child to the United States, or the Terri Schiavo case in which Judge George Greer had to decide whether to withdraw life support from a woman in a vegetative state over the wishes of her parents, or the Scooter Libby case about appropriate consequences for revealing the name of a CIA agent. Others are less well-known but equally fascinating: a judge on a Native American court trying to balance U.S. law with tribal law, a young Korean American former defense attorney struggling to adapt to her new responsibilities on the other side of the bench, and the difficult decisions faced by a judge tasked with assessing the mental health of a woman who has killed her own children.

Relatively few judges have publicly shared the thought processes behind their decision making. Tough Cases makes for fascinating reading for everyone from armchair attorneys and fans of Law and Order to those actively involved in the legal profession who want insight into the people judging their work.

278 pages, Hardcover

First published September 25, 2018

51 people are currently reading
452 people want to read

About the author

Ratings & Reviews

What do you think?
Rate this book

Friends & Following

Create a free account to discover what your friends think of this book!

Community Reviews

5 stars
74 (32%)
4 stars
99 (43%)
3 stars
46 (20%)
2 stars
9 (3%)
1 star
1 (<1%)
Displaying 1 - 30 of 43 reviews
Profile Image for Petra X.
2,455 reviews35.7k followers
November 15, 2018
Finished the book.
3. Judge Jennifer D. Bailey Elian, the little Cuban boy whose mother died on a boat trying to get to the US with her child. How you would see this case really depends on what nationality you are to some extent. If you are an American who thinks that Communism is the worst of all possible worlds, then you will think that the Judge should granted him asylum. Major political and religious pressure was put on the judge to do this, but she stuck to the letter of the law, ignored outside pressure and, despite being threatened and reviled from many quarters, she returned him to his father. If you are not an American, you might well feel that having lost his mother, the little boy should of course grow up with his father and close family, whatever the political system.

Now an adult, Elian is close to his father, is happy and healthy and pursuing a career in engineering. As the Judge said, "My decision cost that little boy the American freedom that his Miami relatives sought for him. It was the correct decision under the law. Whether it was "right" in the end depends, for each of us, on what we value most."

2. Judge Russell F. Canan This was about a man who the judge thought was completely innocent but when the jury were out they sent a note to ask, "If we find the defendant not guilty of Assault with Intent to Kill While Armed, can we still find him guilty of Assault with a Dangerous Weapon?"

1. Terri Schiavo - Judge George W. Greer

Notes on reading.

This book was in part brilliant. I'd never read anything exposing the complexity of cases from the judge's point of view which is entirely based on the law, with political considerations (which they aren't supposed to have) Quite different from the usual books and tv documentaries on the prosecution and defence roles.

Some of the cases were thoroughly boring to read. I couldn't identify with giving a Native American woman a fifth, sixth, tenth chance to change her life from being a drug dealer to a good member of the community, spirituality just doesn't move me. The political cases, "Scooter" Libby might have been interesting to an American. The woman who insisted she was sane when she killed her four daughters and would never explain why she did it, was just too much legal argument over sanity. So although the cases that fascinated me, including the one of the little girl hospitalised as a victim of Munchausen's Syndrome by Proxy, when her mother, who remained unrepentant and was therefore deprived of her child forever, were all 5 star or better, the others are 2 star for interest. 4 star book.
Profile Image for Mimi.
745 reviews226 followers
February 10, 2024
An important book (because it's so rare for the unwashed masses to get a "behind the scenes" look into a judge's or justice's mind and see a case from their POV/vantage point) and a hard read (because I, as part of the aforementioned unwashed masses, don't entirely agree with some of these judges' decisions or sympathize with their perspectives on certain subjects and had wanted a different outcome instead of what happened).

Anyhow. All of that aside, I wish there were more books like this one or that this was a series recounting more high-profile cases you see in the news or prominent cases that changed the law (for better, for worse, or both) so that we can at least see the reasons and legal justifications behind these judges' decisions.
143 reviews14 followers
January 13, 2019
Tough Cases is a collection of twelve pieces written by trial court judges about the hardest cases they dealt with in their careers. It's a fascinating look at the U.S. judicial system from a perspective that's infrequently presented in legal writing, in journalism, or even in popular fiction, TV or movies about legal issues: the perspective of the trial judge. As a lawyer, perhaps I was more inclined to be interested in this book than others (and I was also interested because one of the editors is a neighbor of mine). But given the popularity of crime fiction and of books and movies otherwise focused on the law, many lay readers likely would also find this book interesting and eye-opening.

The judges' different stories cover a range of subjects, with the bulk relating to criminal or family law cases. Not every story is equally compelling, but the book on the whole does a terrific job of demonstrating how and why a judge's task can be so hard, and of illustrating the many different ways a decision can be hard. Some of the cases show a judge struggling with a situation where following the law to the letter seemed to lead to an unjust result. In others, the judge faced enormous public pressure in a highly-publicized case to do something other than what the law clearly required. And in some of these cases, the difficulty was "simply" that of making a potentially life-or-death decision based on imperfect information.

It's not that I didn't already appreciate that being a judge is a tough job. But reading these accounts gave me an even greater respect for the men and women who do this incredibly difficult and important work day in and day out. Even more, it's a useful and inspiring reminder why a functional legal system with serious, decent, and honest judges is so critical, especially in light of our dysfunctional politics.

500 reviews
April 24, 2019
Much better than I expected, and I even found myself thinking about it more often than not between reads. The cases are compelling and the judges are well-spoken if not entirely too self-righteous about being the best judge ever. If you put aside the holier-than-thou motif, then it’s actually pretty damn good!
Profile Image for kat.
487 reviews
July 2, 2020
Full disclosure: My husband has appeared in court before the three editors of this book on a weekly basis for years. He likes and respects all three! And I think I can see why; this is a really thoughtful, and thoughtfully put together, group of essays.

It's a real shame Trump has ruined the integrity of the judiciary for the next twenty years (at least).
Profile Image for Nicole.
217 reviews
November 19, 2018
5 Stars

Judicial processes are something incredibly frustrating and hard to follow, but integral to our democracy. Criminal justice is without a doubt a major foundation of our society.

I absolutely loved this book. I haven’t read anything like it before. Case law is something that takes massive amounts of time and concentration and can be almost impossible to understand. I loved how this compilation of stories explained the background of each case, the legal issues surrounding it, and the process of the decision. It made it easy to follow and I learned SO much from it.

I also enjoyed the inclusion of some more general examples alongside the specific cases. It was so interesting to hear from the judges’ perspectives in a very intimate way. I was happy to read how much thought goes into verdicts and emotional drainage, as horrible as that sounds. I can tell that these judges got to their respective positions because they are just and morally correct, following the law as it has been written and not because of emotions. The amount of time and effort that goes into each and every case in the US justice system cannot be understated or diminished and many judges are overworked and under-appreciated for what they do.

I highly recommend this book to anyone and everyone. This is something that any person can benefit from knowing the inner workings of a judge’s mind because almost all of us will interact with the criminal justice system in our lifetimes and it’s important to know the judge isn’t supposed to be emotional involved, but legally involved.
40 reviews3 followers
September 11, 2020
The whole book is good, but the chapters on Terri Schiavo, Scooter Libby, and Elian Gonzalez are practically required reading. They help show that the impartial application of law by judges is at the foundation of a civilized society, especially when that application is at odds with the daily whims of political and popular sentiment.
132 reviews1 follower
April 24, 2021
Moderately interesting, if not particularly well written, book featuring stories of legal case handled by various judges across the country. The famous stories – – Scooter Libby, Elian Gonzalez, Terri Schiavo – – are OK. The other cases that are not well known are a bit more intriguing. The judges wrote as lawyers, which is not meant as a compliment. But the book is thought-provoking in the issues and dilemmas it raises. And it’s a very quick read.
Profile Image for Landon.
326 reviews1 follower
July 6, 2023
Interesting collection of real judges talking about hard decisions that they had to make while overseeing cases. A mix of cases that are hard emotionally and hard because of legal complications, tricky jurisdiction questions, or conflicting statutes. Not as enthralling as I can expected, but interesting nonetheless.
Profile Image for Darnell.
1,441 reviews
January 17, 2019
Sort of a mixed bag by design: quite a bit of diversity of types of cases and difficult aspects. Not a lot of conclusions, but some interesting insights into the work of judges.
Profile Image for Lilly Carothers.
31 reviews
June 28, 2023
For a law book, least boring I’ve read so far. Pretty interesting. I recommend if you wanna see the inner workings of seemingly simple cases
Profile Image for Laura.
1,609 reviews129 followers
September 17, 2023
Thirteen riveting essays by judges recounting tough cases they presided over. Each one was powerful and most were introspective.

I particular appreciated Judge Aldsorf's description of presiding over the Amalgamated Transit case, which considered the constitutionality of an initiative that would have reduced car tabs to $30 and required a referendum for future tax increases generally. The Washington State Constitution requires every bill, including initiatives, to have two subjects. Since this one had two, it was plainly unconstitutional. It was also wildly popular. Judge Alsdorf was elected by the people and had sworn an oath to the constitution. Tough place to be. He said he worked hard to write his opinion so the folks who lost the case would know why it came out that way. He may have taught me that 20+ years ago.

I think the two that are going to haunt me are Judge Davidson's essay about a civil case where a client accused her lawyer of rape. The attorney swore he never attempted to or had sexual relations with his clients. There was a lot of evidence he had. The judge excluded it as more prejudicial than probative. I probably would have gone a different way on that. Both speak to an abuse of power. At any rate, she lost and the case still haunts him. He shows great humility and strongly suggests he got that wrong.

In the other, Judge Canan talks about strongly encouraging a plea agreement to avoid a unjust conviction he had reason to believe was coming. The man plainly had not committed the charged crime. But the jury looked to convict. Turns out the jury would have acquitted. It worked out - the man was allowed to withdraw his plea -- but Judge Canan also acknowledges that he got that one wrong.

The other eleven essays were all good and bear witness to a hard job. But several were suffused with more self satisfaction than humility and insight and several others had a defensiveness that made me sad.

Worth reading.
621 reviews11 followers
February 23, 2019

“Tough Cases,” edited by Russell F. Canan Gregory E. Mize and Frederick H. Weisberg (New Press, 2018). Thirteen judges---an elected state court judge in Minnesota, a Florida circuit court judge, a Michigan tribal judge, several DC federal judges---describe what they consider by the toughest cases they had to deal with. Many are famous: Terri Schiavo, Elián González, “Scooter” Libby. Some are obscure: a Washington State tax, a Native American drug case, whether to grant bail. They are almost all gut-twisters: a divorce case where suddenly the wife claims that her attorney raped her, child custody cases where the parents seem to be mentally unstable. They are united in their authors’ dedication to following the letter of the law, wherever it leads (unless they choose to follow their instincts). The stories are also quick lessons in how judges actually work, how carefully they study and analyze the laws, how they try to keep politics and emotion out of their decisions, how they sometimes have to ignore intense outside pressure and publicity, how (in the cases of elective positions) they have to make choices that will probably cost them their jobs. Either judges are very good writers, or there was some good ghostwriting: their voices all sound alike (this is just an aside; every story is clear and comprehensible. There is no legalese). Very, very interesting.

https://thenewpress.com/books/tough-c...










Profile Image for Norman Metzger.
74 reviews1 follower
May 4, 2019
A first impression might that the premise of judges writing about cases they had could make for dull reading. Quite the opposite. I was fascinated throughout as judges wrote in detail and in clear prose on particular cases, not holding back the anguish they often confronted in deciding cases; sometimes coping with threats, including the risk not being re-elected because of their decision; and throughout trying to follow the principle enunciated by one of the authors that the unbending principle was to be fair, no matter how horrible the crime (e.g, one case where a mother murdered her four children). Famous cases are here: "The Terry Schiavo 'right to die" case, the Elián González Cuban Refugee case, the Scooter Libby CIA leak case. For me, the case I'll always remember is that of "Brave Jenny", a case wonderfully set out by Judge Gregory E. Mize. Jenny was six years old and in very perilous health when her case came before Judge Mize. The Judge had the case for years, and throughout had to make extraordinarily difficult decisions, about which he writes with candor and very clearly setting out the legal principles he followed. There is an extraordinary conclusion a quarter century after the case of "Brave Jenny" came before him.
Profile Image for Jessica.
2,074 reviews39 followers
Want to read
June 17, 2019
I discovered this book through an article I read in the June 2019 ABA Journal - "Removing the Judicial Mask: Judges tell the stories behind their most trying decisions" by Philip N. Meyer. Quoted from this article:

What private stories must judges tell themselves so that they are not haunted by and can live with their often discretionary and godlike decisions?


Discussing the two types of cases presented in this book:

One type consists of several high-profile cases, in which judges cast themselves in the role of heroic protagonist. The right legal decision is apparent, and the hero judge must courageously stand up to external pressures to preserve judicial integrity and the rule of law...But the more compelling stories in the book are the second type: the complex, character-driven narratives in many lower-profile cases where the character of the judge is tested when faced with making excruciating, difficult and discretionary choices.
57 reviews1 follower
February 11, 2020
If you want to know what judges do, this is the best book I’ve found on the subject. Each chapter is about a hard case the author had to hear and decide in the course of his or her work as a trial court judge. You see the careful consideration of facts and law as well as the difficult task, all too often, of avoiding the improper influence of popular outcry or political pressure. There are cases you’ve heard of (Terry Schiavo, Scooter Libby, Elian Gonzales) along with others about a variety of subjects, including protecting children, deciding whether a tax referendum should stand, and trying to help an emerging nation learn its way to a fair, impartial judicial system. One nice thing for any reader is you can read the chapters in any order you wish because each is a self-contained story unrelated to the next one. (Full disclosure: two of the authors are colleagues of mine in the Minnesota judiciary. We are all now retired).
Profile Image for Emily Ack.
342 reviews
April 2, 2021
An excellent collection of essays! It covered a bit of everything: criminal law and civil law, high-profile and the neighbors, horrifying and "ordinary." The judges were selected to represent a variety of backgrounds and regions. These judges somewhat restore my hope in the legal system, which I think is imperfect, but their commitment to legal procedure whilst balancing humanity is admirable.

My only complaint would be that some of the details (particularly, anything involving interagency government and play-by-play of international affairs) were skimmable at points.

I will also give a warning to anyone considering this that it absolutely helps to have some familiarity with legal procedures. I had taken two law classes as part of an accounting/business degree, so I knew terms and applicability of what it means for jurisdiction, what an appellate court can cover, and some basic terminology (defendant, plaintiff, prosecution, burden of proof, etc.) The judges do a great job explaining thought process, applicable principles, case background, and such, but they don't have time to educate you on the basics.

I added this to my "book review" shelf because in my imaginary book club, I think this would be a fun choice for discussion.
918 reviews37 followers
February 12, 2019
The idea behind this book is good. Ask judges to describe in their own words, what their toughest cases were.

What I found interesting as a nearly constant theme was how little they accepted the infallibility of their own decisions (with a couple welcome exceptions). I guess that is a story you need to believe if you're a judge, but it's hard to swallow that given their humanity.

Some of the cases are from the headlines (Schiavo and Elian) and others are not. I particularly enjoyed the Elian case (legally so simple...politically so charged) and the "Crazy or Cruel" chapter about one judge grappling with a defendant who waived the insanity plea in a multiple homicide.
Profile Image for Nancy.
2,751 reviews60 followers
May 24, 2019
I really enjoyed this. It is a great look behind the scenes at being a judge. Because of the several different voices I got a wider view than I might have with just one author. I was glad to see a couple of cases that were big in the news. This explained much that the media left out and made decisions much more understandable. I think it would be a great public service to continue this as a series especially with high profile cases. I was impressed at the quality of the writing. Not a lot of jargon and clear explanations of legal issues. I'm grateful for this in depth look at our laws and how they work.
Profile Image for Alicia.
262 reviews2 followers
January 9, 2020
This book caught my eye at the library and I expected the stories to be reserved and perfunctory. Instead all of the contributing writers were candid and a few are extremely talented writers. I was left with insight into their experiences. It’s great educational material for the public, attorneys and judges. The stories all reminded me of a Constitution Day speech I enjoyed recently from a Texas Supreme Court judge. Striking examples of the courage and personal sacrifice it takes to adhere to the principles people confuse or take for granted in the face of emotional and politically charged issues.
427 reviews3 followers
April 21, 2019
For those who are not lawyers or intimately involved in the judicial system, so much of our understanding of court cases is based on press coverage or individual (and potentially faulty) understanding of the requirements of the law. This book provides a good counterbalance to that and presents the views of the judge for a select number of cases that he/she found memorable. Many of them were high-profile enough to have become known on a national level. Good read.
Profile Image for Kristin Davis.
83 reviews1 follower
February 7, 2019
As an attorney, I always find it interesting to learn how a judge makes their decision. In most of these cases, the law was clear, but human factors made the decisions difficult. Some background in criminal and civil procedure would probably be helpful for a nonlawyer reading this. Some of the essays dealt with explaining the procedural issues better than others.
Profile Image for A.S. Deyoung.
14 reviews
December 29, 2020
Some of these cases I was familiar with, and others were new to me. I appreciated the unique judicial perspectives that sometimes get lost when seeing the news or trying to sift through a full opinion. Some of the stories are definite tearjerkers. I hope these authors create a second edition (if they haven't already). This collection of jurist input stoked my own desire to one day be on the bench.
910 reviews7 followers
June 2, 2021
If you've ever wondered how a judge might think, this book is for you.

I enjoyed hearing about the challenges of an international court in Kosovo when laws were enforced more on the basis of who you knew rather than rule of law. The rest of the cases took place here in the U.S.

Worth a read. I couldn't put it down.
Profile Image for Catherine.
1,103 reviews
April 16, 2019
This book is inside baseball for me, as law is my game, but I enjoyed it and some of the contributions were extremely well written, compelling accounts. I thought Judge Alsdorf's contribution was the most helpful and thought provoking of all.
469 reviews2 followers
February 6, 2020
All the stories are told in the same "voice". Do judges all write the same, or were the stories subject to heavy editing? In any case, the stories are educational and indeed tough. It is good to see how the judicial system works at its best.
Profile Image for Lorrie Collins.
144 reviews1 follower
Read
April 24, 2021
I would give this book 3.5 stars. Some of the cases were really interesting others were just ok but I could understand why they would be important to the people involved. I listened to this book. The narration drove me crazy. It was Very, very flat!!
394 reviews
May 2, 2023
This book completely supports my current go to phrase. You don’t know what you don’t know. Despite thinking we know, understand or get a situation, person, event etc the reality is there is always always more going on than we know.
Profile Image for Cara Spaccarelli.
33 reviews1 follower
December 12, 2018
If you like reading about cases you'll like this book. Definitely made me thiNk highly of those trusted with applying the law over reacting to the emotions of the moment.
Displaying 1 - 30 of 43 reviews

Can't find what you're looking for?

Get help and learn more about the design.