' Chris is a powerful force for good in the national debate on criminal justice .' – The Secret Barrister
' Extraordinary ' – Krishnan Guru-Murthy
Almost everything we think about crime and punishment is wrong. I am going to show you why. And what we can do about it.
Chris Daw QC has been practising criminal law for over 25 years, navigating Britain's fractured justice system from within. He has looked into the eyes of murderers, acted for notorious criminals, and listened to the tangled tales woven by fraudsters, money launderers and drug barons. Yet his work takes place at the heart of a system at breaking point – one which is failing perpetrators, victims and society – and now he is convinced that something must change.
For most of us the criminal law only matters when we are victims of crime or are called for jury service. But what if everything we have been told about crime and punishment is wrong? What if the whole criminal justice system is a catastrophic waste of money, churning out lifelong criminals, dragging children into court from as young as ten, and fighting a war on drugs that can never be won?
Drawing on his own fascinating case histories and global reporting, including the 2019 London Bridge attacks, Alabama's prison system and one of Britain's most dramatic mass shootings, Daw presents a radical new set of solutions for crime and punishment. By turns shocking, moving and pragmatic, Justice on Trial offers rare inside access to a system in crisis and a roadmap to a future beyond the binary of 'good' and 'evil'.
I have watched Chris Daw's BBC documentary and thought he made some compelling arguments, so I was very keen to read his ideas in greater depth.
However, there are several issues with this book. Firstly, referencing. This is not an academic text and it is aimed at the lay person, but it is possible to write a text which is referenced and accessible. A bibliography is not sufficient to support some of the claims made here and a greater use of statistics is required to support the many claims made within the book.
This is particularly so in the chapter on drug policy. Here the Swiss system is showered with unstinting praise, but the evidence base consists solely of interviews of people who work within that system. Are there any opposing views in Switzerland? We don't know as Daw does not present them to the reader and this weakens his overall argument.
Unlike many who discuss prison abolition, Daw does at least concede that there are people who will always need to be segregated from the rest of society. In addition to this The suggestions he makes for how home arrest for low-risk offenders could be overseen by technology are thought-provoking.
Nonetheless, like many discussing legal reform, Daw sets up a dichotomy between tough on crime v reform and rehabilitation. This completely ignores a particular category of offending, which campaigners have battled for years to have viewed as serious crimes: violence against women and girls.
From "just a domestic", to "she was asking for it", women have battled for decades to have the harm enacted against them taken seriously. Banaz Mahmood was dismissed as a "drama queen" for telling police her family were going to kill her, Shauna Grice was charged with wasting police time for complaining about her abusive ex who subsequently murdered her. Theodore Johnson was able to kill three women within a 33 year period, thanks to a legal system which viewed pushing one woman from a balcony and strangling another, as manslaughter.
Daw correctly identifies the poor life circumstances of many in our current prison system. Yet men who kill women are from across the social spectrum and their actions cannot be explained away by narratives of childhood deprivation. This is a category of offending that deserves a more considered discussion and Daw's book largely ignores it. Indeed, the voices of victims of crime are generally absent from this book. This is a weakness in itself, but it is further exacerbated by Daw acknowledging that "Tough on Crime" rhetoric is hugely popular with the public, but he doesn't engage in why, other to assert that they are misguided.
Possibly the strongest chapter in the book is the section on crime and children, but again greater detail about the country's system he holds up as a praiseworthy contrast is needed.
Imprisonment rates in the UK are rising, while conditions in prisons continue to deteriorate, with truly horrific rates of suicide and self-harm. The arguments Daw makes are important, but despite his legal background, I am unsure they will convince anyone who didn't already share his views.
This book did a lot to confront my feelings on crime and punishment and has had a profound effect on how I view the world.
As a society we have accepted punishment as the antidote to crime, but the data shows us that this approach isn’t effective. I’m not sure what it would take for us to have a national reflection on how we deal with crime, but this attitude shows no signs of going away.
Drug addiction should be treated as a disability and people who suffer from it should be given support instead of being criminalised. This should sit alongside a decriminalisation of drugs as we’ve seen in other countries.
I’m not sure when, if ever, Britain will attempt to wrestle with the failures of it’s justice system.
This book left me with one question; who does the current system serve?
Imagine a town, around the size of Scunthorpe or Wakefield, entirely populated by those who’ve committed (or been accused of) a crime. That’s a reflection of the size of the prison population in England and Wales today. In his book, Daw shows that the US ‘City of Incarceration’ is their fifth largest population centre ( New York and LA being the top two). And yet, neither Britain or the US have consistently falling crime rates and the prison population (and the number of prison spaces) is ever growing. If its aim is to reduce crime, prison doesn’t work. ‘Justice on Trial’ puts forward an alternative . Daw makes it clear that his is not a ‘ “soft” liberal perspective’ – his concern is to ‘prevent as many people as possible becoming victims’. So he’d like to see drugs legalised and an end to the incarceration of children. Furthermore, for those who need to be controlled for the safety of society, he advocates the use of technology for this purpose. Having worked in many public sector organisations, and seen how difficult it is to find a fully functioning photocopier, I’m sceptical that Daw’s high tech alternatives to prison are likely in the forseeable future. But the main ideas of this well-researched and persuasive book should be carried forth by those with political power and the bravery to tell the truth about the criminal justice system. Read this book.
For a non-fiction, this book was surprisingly so engaging and I could not put it down!! The topics covered were so interesting and thought-provoking. Covering areas of law, policy, and criminology, I was in my ABSOLUTE ELEMENT🙂↕️. Also, I loved how cross-comparisons were made between the U.K., US, and beyond. My only concern was that the book had a one-sided perspective and often failed to counter-balance or briefly mention potential wider arguments and research (other than its own). Also, this was almosttttt 5⭐️’s but I feel like I needed more of a conclusion at the end of the book, since the ending felt very sudden. Although, I did enjoy the acknowledgements chapter which made more recent reflections on the issues covered in the book from a post-COVID perspective. Overall, I lovedddd and would recommend to anyone 100% (I’m looking directly at you Meg😜).
Extremely thought provoking. There are many theories here that you would immediately dismiss as being impractical, but when the author explains his reasoning, your perspective on matters is greatly widened. Would definitely recommend- so interesting!
What I remember most about this otherwise readable book about a subject that could be presented so very dully, is really that for which it should be least remembered - the style in which Daw's case studies of individuals he has been engaged with is written. It obviously annoyed me enough to make it the first thing I want to write about.
Simply, for me Daw did not quite trust his reader to understand the depth of feeling behind his call for ‘radical solutions’ without, I felt, displaying his compassion in what I found sometimes embarrassingly emotive, almost maudlin, writing about the desperate circumstances of some of those he has had dealings with. Or maybe he just didn’t find a style that enabled him to convey that depth of feeling which, over the years, has given rise to his indignation and anger and sense of injustice arising from the way the UK’s (and the US’) prison system persistently fails both those who are sentenced to it and society as a whole. If you regard prison as about punishment, and allow that punishment to be meted out either by brutish mismanagement or by a woeful underfunding which results in the neglect of prisoners or by overcrowding, then you are going to end up with scandalous prisoner deterioration (and not infrequently death) and chronic reoffending. In fact, human misery: and Daw is acutely aware of how our society can let daily living be utterly dire for a lot of people.
In particular, Daw looks carefully at why we should close all prisons, why we should legalise drugs and why children are never criminals. His final analytical chapter considers why people are neither good nor evil, and considers how people who have been convicted of the most terrible crimes have often been without the kind of support systems that could have led them into a totally different and successful way of life. But he also gives an account of a discussion with a consultant forensic psychiatrist who observes that some people – the socio- and psychopathic - are so constituted as to pose an irremediable threat to the public. Although they are not evil, per se, he does not contest that they should never be released from a psychiatric unit such as Broadmoor Hospital.
Given my sense that I was not able fully to take on board Daw’s arguments and recommendations because I was grumpy about a single aspect of his style, I found myself thinking that at the end of each section I could have done with a bullet point summary of what he was recommending and why. Having now vented my spleen, I’m aware that a re-reading, moving swiftly over the passages that grumped and distracted me, I would get a much clearer view of his conclusions.
This struck me as an important book whose arguments are strengthened by Daw’s researches into other prison systems and approaches to crime around the world. I hope the Justice system of the UK will sit up and take notice and act.
A fantastic book that highlights the fundamental flaws, both philosophically and in practice, of prisons as an institution for punishment and rehabilitation. This book explores the flawed logic used by modern democratic superpowers in their use of prisons as a deterrent when, in fact, criminalising certain non-violent behaviour and increasing the lengths of prison sentences not only fails in this respect, but it increases it by introducing victims into the vicious circle of crime, prison, release and repeat. I highly recommend that anyone with the slightest interest in the prison system to read this book! Even if you do not, this book provides food for thought when it comes to criminals and drug use which will surely open your eyes to a different perspective, ensuring you think twice when you see the next news article where politicians are boasting about their new policy to 'get tough on crime'. Its easy to read, not too many pages at 250 and is a real page turner!
It’s ok. Raises some really interesting points about who should be in prison or, more importantly, who shouldn’t and why. However the glaring elephant in the room, which the author never address, is retribution he side steps it towards a conversation about recidivism. This is undoubtedly a conversation that needs to be had, but by not addressing retribution, the author overlooks arguably the most important aspect of punishment. We should definitely look to overhaul our system, but within reason. It makes a mockery of all the victim has been put through if we don’t punish in some way. Restrictions on freedom may well be that punishment and, yes, (re)education and proper prison standards should come as standard. There is room and rationale for both.
Chris Daw makes some very important arguments to end a broken prison system and focus on the welfare of drug dependent people and children, who are very vulnerable themselves, aiming to reduce reoffending rates and lower the prison population. This book thoroughly criticises the "tough on crime" rhetoric that has become very popular throughout the years. I also learned a lot through Daw's international comparative studies.
However, the book does not offer any new insight to the arguments against current the status quo of prisons, social care, young offenders and drug policy. I also would have preferred to see Daw address some of the counter arguments more directly.
Overall, an informative book on some of the aspects of the criminal justice system of England and Wales.
A call to arms for systems change in the criminal justice system. This book should be read by everyone. Especially those in a position to influence a more positive and productive outcome for young people entering the CJ system
Such an easy read for a hard topic. It’s not written with ‘big words’ and it was so clear I could understand it and use it to back up my debates with others to articulate it better with confidence.
So interesting and sad. I see a lot about American prisons but not a lot about our own.
Interesting, provocative, fast-paced (which is a real achievement) and yet what will we all do? The evidence is clear but for some reason we do not like the evidence so ignore it.
Krishnan Guru-Murthy recently interviewed Chris Daw QC about the Barrister’s new book, Justice on Trial Radical Solutions for a System at Breaking Point. I was so enthused by this interview that straight away I ordered a copy. Being dyslexic I tend to need to read paragraphs several times over before the content sinks in. With this book, though, I found that it is so beautifully written it was very easy to read and absorb which is quite something given that it is a hugely important piece of research into what is often a baffling subject. As I progressed through the book, I found my growing enlightenment on the possibilities unfolding before my eyes filled me with excitement. The answers drawn by Daw will clearly work transforming our system of crime and punishment and make it fit for purpose. Daw carries out an in-depth study illustrating his findings with chapters from the history of crime and punishment through to what makes people travel the life journeys that draw them into crime. The author also shares his exploration in various countries where he assesses the effectiveness or otherwise of various systems in their dealing with these issues. The effectiveness or otherwise of imprisonment, a superb and very logical chapter on why the supply of drugs must be taken out of the hands of criminals; the use controlled and legalised to rid those involved of their addiction. One chapter explores the lack of desired outcomes from most imprisonment with examples of the worst and best systems. The book highlights that children are never criminals by choice but by circumstance and why people are neither naturally good nor evil. Finally, the QC gives his overall verdict, with an epilogue touching, on the new burgeoning wave of crime accompanying the internet. My conclusion is that this the message of this epic book needs to be grasped and embedded in the way the world deals with crime and punishment, clearly something very relevant and needed in the UK.
I’ve recently read the book ‘Justice on Trial’ by Chris Daw QC and was thoroughly impressed by the thought-provoking and informative insights into the British legal system. Daw is a highly respected barrister and former chairman of the Bar Council of England and Wales. He represents many celebrity clients and is a go-to person for media soundbites on the law. His book is a collection of essays that explore a range of contentious topics related to justice and the law, for example, the legalisation of drugs and whether prisons should be closed.
One of the things I appreciated most about the book was how Daw addresses complex and often controversial issues with a clear and nuanced perspective. He writes with passion and authority, and the book is a valuable contribution to the ongoing conversation about the state of justice in the UK and its future.
Daw writes with both empathy and compassion about the complex social and personal factors that can lead someone to become embroiled in the criminal justice system, and he offers an often heart-wrenching glimpse into the lives of his clients.
Furthermore, I found the way Daw intertwines personal anecdotes and stories from his experiences as a barrister with broader discussions about the legal system to be unique and compelling. The result is a profoundly personal and thoroughly researched book, offering a unique and surprising look at the inner workings and, at times, failures within the criminal justice system.
Overall, I would highly recommend ‘Justice on Trial’ to anyone interested in the legal profession or looking for an informative read or to peel back a few layers of the criminal justice system. Chris Daw QC is a talented writer and a respected legal expert, and this book is a must-read for anyone concerned about justice in the UK.
At the beginning, I did not really like the book, particularly about the American prison system. As I first thought, what does this have to do with the UK prison system? However, the more I read on, I realised why it had been included.
I appreciated the way Chris Daw writes, as it includes facts and opinions which are research-based, yet still kept me interested, which I feel like not a lot of law-based books are good at. I found myself really interested in every topic that was discussed, and found myself more open-minded about certain issues, such as drugs.
However, it was not a 5-star read as I felt like some of his arguments about particular systems were very one-sided, particulary about how the way drugs are handled in other countries. Whilst I agree that the UK's approach to illegal drugs could be better. No one system is foolproof, and wish there was a more balanced argument on the downfalls or wider research.
Chris Daw makes some very important arguments to end a broken prison system, that brutalises many young lives, fails to keep anyone safe and dehumanises both the prisoner and the society that created the system. It offers the much needed counter narrative to the ‘tough on crime’ rhetoric of Priti Patel and others of her ilk. The book however does not offer any new insight if one is somewhat familiar with prisons, social care, young offenders and the drug trade. I was looking forward to in-depth case histories, a narrative based on his unique vantage point and some scholastic insight- all of which were lost to general, broad statements.
Justice on Trial by Chris Daw KC is an incredible book by one of the top defence barristers that provides a number of solutions for a criminal justice system that is at breaking point. This book covers a range of topics, including why prisons do not work and why we should close them all down, why we should legalise drugs, how we should help child offenders and the idea that people are neither good nor evil. This book looks at a variety of themes regarding what we are doing wrong in our Criminal Justice System with continuous crime and ever-increasing recidivism levels.
I read this on a rec from a podcast I was listening to on law to help with my uni application, but the rec in the podcast really caught my attention and made me want to read this. Having it read it, it's changed my perspective on law and made me more excited to study this at uni. It makes you think about different aspects of law that aren't as obvious to the untrained eye. I would recommend this to anyone interested in law at all, whether professionally or for fun as it's an eye opener that gives a new life and perspective to law.
I was disappointed by this. I don’t feel I really learned anything that wasn’t fairly well trodden points.
A lot of the examples are really long winded, but also quite tangential to the points being made so the arguments feel fairly thin. Particularly his arguments about abolishing prisons which seem to rely far too heavily on the US system to apparently tell us something about the UK.
I found this book rather frustrating. Ultimately he's right about everything and his ideas are genuinely thought provoking. But sadly that's buried under a mountain of words words words – you don't need to spend 10+ paragraphs, on at least 3 separate occasions, just to explain that it's sad if someone overdoses.
- interesting topic - modern real life examples - about criminal justice system - controversial opinions - not as heavy/confusing as I thought it would be - sometimes dragged on - a lot of history - learnt things e.g. about drugs in Switzerland
Very interesting to learn about the criminal justice system, spent time digesting the information and thinking about my own opinion. I agree with closing most prisons and drastically reforming the ones left into places of reformation & psychological treatment.