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Punishment Without Trial: Why Plea Bargaining Is a Bad Deal
From a prominent criminal law professor, a provocative and timely exploration of how plea bargaining prevents true criminal justice reform and how we can fix it—now in paperback When Americans think of the criminal justice system, the image that comes to mind is a trial-a standard courtroom scene with a defendant, attorneys, a judge, and most important, a jury. It's a fair assumption. The right to a trial by jury is enshrined in both the body of the Constitution and the Bill of Rights. It's supposed to be the foundation that undergirds our entire justice system. But in Punishment Without Why Plea Bargaining Is a Bad Deal, University of North Carolina law professor Carissa Byrne Hessick shows that the popular conception of a jury trial couldn't be further from reality. That bedrock constitutional right has all but disappeared thanks to the unstoppable march of plea bargaining, which began to take hold during Prohibition and has skyrocketed since 1971, when it was affirmed as constitutional by the Supreme Court. Nearly every aspect of our criminal justice system encourages defendants-whether they're innocent or guilty-to take a plea deal. Punishment Without Trial showcases how plea bargaining has undermined justice at every turn and across socioeconomic and racial divides. It forces the hand of lawyers, judges, and defendants, turning our legal system into a ruthlessly efficient mass incarceration machine that is dogging our jails and punishing citizens because it's the path of least resistance. Professor Hessick makes the case against plea bargaining as she illustrates how it has damaged our justice system while presenting an innovative set of reforms for how we can fix it. An impassioned, urgent argument about the future of criminal justice reform, Punishment Without Trial will change the way you view the criminal justice system.
288 pages, Kindle Edition
Published October 12, 2021
21 people are currently reading
1688 people want to read
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Displaying 1 - 24 of 24 reviews
February 10, 2025
A few years back, I bought this book in hardcover (HARDCOVER) from PangoBooks because I had some PangoBucks in the bank, and I was interested in the subject matter of this book. I don’t remember how much I spent on the book, but I want to say it was less than $5.00 out of pocket, so a pretty good deal, especially since it’s effectively a Shelft Trophy, since I don’t read hardcovers. LOL
Anyway, this book was incredible. I love a good social justice nonfiction book, and this one was right up my alley. This book covered a lot of ground. Far more than I initially thought it would, to be honest. I thought that this book would mainly focus on, as the subtitle suggests, plea bargaining, and why it is problematic - but this book went much further and deeper than that. From the initial Constitutional protections outlined by the framers, through to the myriad ways those protections have been eroded and undermined over the years, to an examination of the way that the systems of supposed justice have been turned into an efficiency machine, just churning out the cases with no real regard for justice, or even fairness.
It looks at the ways that plea bargaining is used and misused, and how it is used by some to actually effect fair results, rather than a blind conviction. It looked at the ways that plea bargains can be used as a “get out of jail right now” card, and how enticing that is to people who can ill afford to be locked up for a trivial mistake - or even nothing at all. Many innocent people are persuaded to plead guilty just to be able to go home that day. It looked at the ways that prosecutors can hide or withhold evidence from the defense to either make it seem like they have a better case than they do, or simply because they can. It looked at all of the powers that prosecutors and judges have around plea bargaining, from the ways that they can include waiving other rights, like to see the evidence against them, or to appeal, to the way that charges can be “adjusted” to either throw the entire library at someone to get them to plead guilty (effectively bringing SO many charges that the penalty if convicted at trial would be astronomical thus making one’s refusal to plead guilty and consistent demand to go to trial literally cause their sanity to be questioned - one person’s insistence that they go to trial wound up being grounds for THREE different mental fitness assessments), or to softball an abridged easy reader at someone (who should be subject to much harsher penalties or punishment, but will agree to lighter terms to avoid them - like someone who might plead guilty to a different sexual assault charge to avoid the charge they SHOULD get which would land them on sex offender registries, limit their employment, housing, travel, etc.).
The leeway that prosecutors have, and the nature of the way that the plea bargaining is done behind closed doors is problematic, and the fact that so few people (myself included) really understand the nuances of the various justice systems we have, all adds up to a giant mess that needs a massive overhaul… as soon as anyone has the political will to do it. But politicians and those in power have a greater fear of being called “soft on crime” than they do of innocent people rotting in prisons… so it’s unlikely to happen anytime soon. But there is hope - the last chapter talks about various elected officials, prosecutors and judges, who are doing things differently, and imposing new processes and procedures to bring equity and fairness back under the “justice” umbrella. I really hope that idea catches on. We’re gonna need it.
Anyway, this book was incredible. I love a good social justice nonfiction book, and this one was right up my alley. This book covered a lot of ground. Far more than I initially thought it would, to be honest. I thought that this book would mainly focus on, as the subtitle suggests, plea bargaining, and why it is problematic - but this book went much further and deeper than that. From the initial Constitutional protections outlined by the framers, through to the myriad ways those protections have been eroded and undermined over the years, to an examination of the way that the systems of supposed justice have been turned into an efficiency machine, just churning out the cases with no real regard for justice, or even fairness.
It looks at the ways that plea bargaining is used and misused, and how it is used by some to actually effect fair results, rather than a blind conviction. It looked at the ways that plea bargains can be used as a “get out of jail right now” card, and how enticing that is to people who can ill afford to be locked up for a trivial mistake - or even nothing at all. Many innocent people are persuaded to plead guilty just to be able to go home that day. It looked at the ways that prosecutors can hide or withhold evidence from the defense to either make it seem like they have a better case than they do, or simply because they can. It looked at all of the powers that prosecutors and judges have around plea bargaining, from the ways that they can include waiving other rights, like to see the evidence against them, or to appeal, to the way that charges can be “adjusted” to either throw the entire library at someone to get them to plead guilty (effectively bringing SO many charges that the penalty if convicted at trial would be astronomical thus making one’s refusal to plead guilty and consistent demand to go to trial literally cause their sanity to be questioned - one person’s insistence that they go to trial wound up being grounds for THREE different mental fitness assessments), or to softball an abridged easy reader at someone (who should be subject to much harsher penalties or punishment, but will agree to lighter terms to avoid them - like someone who might plead guilty to a different sexual assault charge to avoid the charge they SHOULD get which would land them on sex offender registries, limit their employment, housing, travel, etc.).
The leeway that prosecutors have, and the nature of the way that the plea bargaining is done behind closed doors is problematic, and the fact that so few people (myself included) really understand the nuances of the various justice systems we have, all adds up to a giant mess that needs a massive overhaul… as soon as anyone has the political will to do it. But politicians and those in power have a greater fear of being called “soft on crime” than they do of innocent people rotting in prisons… so it’s unlikely to happen anytime soon. But there is hope - the last chapter talks about various elected officials, prosecutors and judges, who are doing things differently, and imposing new processes and procedures to bring equity and fairness back under the “justice” umbrella. I really hope that idea catches on. We’re gonna need it.
February 10, 2022
What a book! If you want a thoughtful analysis of the criminal justice system that will have you ranting to your friends and family for days on end, I highly recommend Punishment Without Trial. UNC Law professor Carissa Byrne Hessick does a great job of laying out the many issues surrounding the plea bargain, a feature of modern criminal justice that we take for granted. The focus on expediency and efficiency in the courts of the United States have made the plea bargain a norm rather than an exception in the criminal justice system, and one that encourages defendants -- even innocent ones -- to bargain away their constitutional rights.
Hessick's book provides an extremely well rounded view of the origins of plea deals, their rise to prevalence in the United States, and the many problems that they either cause or perpetuate. There's so much to mull over after finishing this book that it's difficult for me to write a succinct review -- I kind of just want to continue ranting to people I know, things along the lines of "Did you know it's not illegal for a prosecutor to use a plea deal to pressure a defendant to give up her right to an attorney?" and "The bail industry is so fucked up," and "Did you know that some sentences for nonviolent drugs are long as fuck mostly to allow prosecutors to bargain it down in pleas to prevent it from going to trial?" These are oversimplifications, of course, but I think I now have enough rage to last a life time.
Understandably, there is a lot of focus on police and arrest practices when mass incarceration (and, hand in hand with that, institutionalized racism) comes up, but I think this is the first time I have read such a deep dive into the role that plea bargains play. I'm neither a practitioner nor student of law, but I do spend so much time listening to true crime podcasts that I compulsively triple check my doors are locked, so -- basically the same thing, right? I'm of course familiar with the concepts of both plea bargains and false confessions, but I hadn't realized how much the current system really relies on plea bargains, to the point that they are basically the main precedent for convictions at this point. Stepping away from Hessick's world of legal professionals, I can't help but think about the public conceptions of these things -- so many people view the jury trial as a pain and inconvenience on all sides, some going so far as to undermine the jury as uneducated and unqualified. On the flip side, many also scoff at the idea of a false confession -- "Who would confess to something they haven't done?" -- without realizing the many layers of coercion a defendant goes through during the pre-trial process. I think this book really highlights the flaws in both of those ways of thinking. Hessick uses a combination of court anecdotes, data, and professional input to reinforce the importance of the jury trial to our constitutional rights and ability to engage with the law -- for both defendants as well as jurors and ordinary citizens.
Again, it's difficult to summarize the entirety of the book. Hessick's book has both breadth and depth, and I would recommend it to anyone who is interested in criminal justice, mass incarceration, and institutional disenfranchisement (especially with regards to both race and income). Hessick's nuanced view on plea bargaining also offers insights into bail practices and the bail industry, the many tactics used by prosecutors to encourage defendants to give up their rights and plead guilty, the role of the jury as a civic good, jury nullification, criminal justice reform across political parties, institutional racism, class discrimination, and the practices some judges and legal professionals are instituting to prevent the rampant use (and abuse) of plea bargains.
I listened to this book as an audiobook, which was great. I think it would be nice to have the print book on hand so it would be easier to reread and flip through to specific sections, but I would still recommend the audiobook. It also might be drier in print, which can happen sometimes with nonfiction, but I feel like Hessick's writing is pretty engaging, so.... hopefully that won't be the case!
Hessick's book provides an extremely well rounded view of the origins of plea deals, their rise to prevalence in the United States, and the many problems that they either cause or perpetuate. There's so much to mull over after finishing this book that it's difficult for me to write a succinct review -- I kind of just want to continue ranting to people I know, things along the lines of "Did you know it's not illegal for a prosecutor to use a plea deal to pressure a defendant to give up her right to an attorney?" and "The bail industry is so fucked up," and "Did you know that some sentences for nonviolent drugs are long as fuck mostly to allow prosecutors to bargain it down in pleas to prevent it from going to trial?" These are oversimplifications, of course, but I think I now have enough rage to last a life time.
Understandably, there is a lot of focus on police and arrest practices when mass incarceration (and, hand in hand with that, institutionalized racism) comes up, but I think this is the first time I have read such a deep dive into the role that plea bargains play. I'm neither a practitioner nor student of law, but I do spend so much time listening to true crime podcasts that I compulsively triple check my doors are locked, so -- basically the same thing, right? I'm of course familiar with the concepts of both plea bargains and false confessions, but I hadn't realized how much the current system really relies on plea bargains, to the point that they are basically the main precedent for convictions at this point. Stepping away from Hessick's world of legal professionals, I can't help but think about the public conceptions of these things -- so many people view the jury trial as a pain and inconvenience on all sides, some going so far as to undermine the jury as uneducated and unqualified. On the flip side, many also scoff at the idea of a false confession -- "Who would confess to something they haven't done?" -- without realizing the many layers of coercion a defendant goes through during the pre-trial process. I think this book really highlights the flaws in both of those ways of thinking. Hessick uses a combination of court anecdotes, data, and professional input to reinforce the importance of the jury trial to our constitutional rights and ability to engage with the law -- for both defendants as well as jurors and ordinary citizens.
Again, it's difficult to summarize the entirety of the book. Hessick's book has both breadth and depth, and I would recommend it to anyone who is interested in criminal justice, mass incarceration, and institutional disenfranchisement (especially with regards to both race and income). Hessick's nuanced view on plea bargaining also offers insights into bail practices and the bail industry, the many tactics used by prosecutors to encourage defendants to give up their rights and plead guilty, the role of the jury as a civic good, jury nullification, criminal justice reform across political parties, institutional racism, class discrimination, and the practices some judges and legal professionals are instituting to prevent the rampant use (and abuse) of plea bargains.
I listened to this book as an audiobook, which was great. I think it would be nice to have the print book on hand so it would be easier to reread and flip through to specific sections, but I would still recommend the audiobook. It also might be drier in print, which can happen sometimes with nonfiction, but I feel like Hessick's writing is pretty engaging, so.... hopefully that won't be the case!
November 7, 2021
A really great book about plea bargains and the criminal justice system in general. Hard to read about so many instances of just straight up bullshit that happens to defendants, but it's important. Most important line from this book is "we need to stop seeing our current system as normal." It was nice to read about a few judges and lawyers trying to make the system better
December 3, 2021
!!!Potential Bias Disclaimer!!!: C. Hessick is a professor at UNC Law. I got my law degree there. I never had C. Hessick as an instructor. But friends who had her all treasure her. I was taught by her husband, A. Hessick—he is a delightful goof. Beyond friendly hallway nods, my only real interaction with C. Hessick was a surprisingly heartfelt handshake on the graduation podium after the dean handed me my diploma. That exchange was so genuine it was disorienting. I lost my sense of place and almost stepped off the side of the raised platform instead of walking down the ramp. It was a moment.
Would I have given the book 4 stars absent the above? I dunno, but I’m certainly recommending it.
This book will make you think hard about plea bargaining, an institution that I believe most now take as a given in criminal law. While I don’t necessarily agree with every premise in or takeaway of the book, it challenged my mindset and forced me to reconsider much of what I assumed or had accepted about such a foundational aspect of the criminal justice system. The book points out and illustrates many layers of ramifications of plea bargaining. I honestly don’t know how novel that work is or those insights are, but I had not heard of thought about much of what the book presents. It is sitting heavy on my mind now.
I think the book would be very approachable for those who are not attorneys or involved in the criminal justice system. Some may not like C. Hessick’s use of first person and conversational tone, but I thought it helped immensely with readability and made a deeply human subject—and what damn well should be presented as a deeply human subject—feel close and personal. The mix of wider analysis and anecdotal evidence was also effective for me.
I highly recommend this book. I can also recommend the audiobook version—this was a commute listen for me, and it was very easy for me to follow along (although you’ll miss some visuals that I believe are in the physical book).
Would I have given the book 4 stars absent the above? I dunno, but I’m certainly recommending it.
This book will make you think hard about plea bargaining, an institution that I believe most now take as a given in criminal law. While I don’t necessarily agree with every premise in or takeaway of the book, it challenged my mindset and forced me to reconsider much of what I assumed or had accepted about such a foundational aspect of the criminal justice system. The book points out and illustrates many layers of ramifications of plea bargaining. I honestly don’t know how novel that work is or those insights are, but I had not heard of thought about much of what the book presents. It is sitting heavy on my mind now.
I think the book would be very approachable for those who are not attorneys or involved in the criminal justice system. Some may not like C. Hessick’s use of first person and conversational tone, but I thought it helped immensely with readability and made a deeply human subject—and what damn well should be presented as a deeply human subject—feel close and personal. The mix of wider analysis and anecdotal evidence was also effective for me.
I highly recommend this book. I can also recommend the audiobook version—this was a commute listen for me, and it was very easy for me to follow along (although you’ll miss some visuals that I believe are in the physical book).
August 22, 2021
Anther Critical Book For Those Seeking To Understand The American Justice System. This is yet another critical book for those seeking to understand the full scope of all that is wrong with the American justice system and how we got here, along with Radley Balko's Rise of the Warrior Cop, Michelle Alexander's New Jim Crow (referenced herein, with solid points about where Alexander goes wrong in her presumptions), and Maya Schenwar and Victoria Law's Prison By Any Other Name. Whereas Balko looks at police militarization, Alexander looks at mass incarceration, and Schenwar and Law look at probation and parole, here we look at the critical phase *between* arrest and conviction - the various and severely punitive pre-trial punishments and plea bargains. It is within the scope of this particular problem that Hessick shows just how large and pervasive this particular problem is - to the level that even as many often acknowledge its shortcomings, it is often protected as a means of not "overburdening" the courts! (A tip for "lawmakers": Rescind 10 laws for every 1 you pass. That would go quite far in reducing the burden on the courts. #ijs ;) )
Truly a remarkable and shocking work, and one that every American needs to read. Very much recommended.
Truly a remarkable and shocking work, and one that every American needs to read. Very much recommended.
December 23, 2021
Thomas Jefferson said, "Experience hath shown, that even under the best forms of government those entrusted with power have, in time, and by slow operations, perverted it into tyranny." That's what seems to have happened with our justice system.
Carissa Hessick shows, in her book "Punishment Without Trial", how this tyranny has now wreaked havoc in the criminal and civil justice systems. What was a shining beacon of liberty and presumption of innocence in 1789, took only a hundred years or so, to morph into a system in which freedom died the death of a thousand cuts. Hessick does an extremely good job in her book of explaining how certain aspects of the justice system look pretty much like tyranny's little brother: civil asset forfeiture, pre-trial detention, cash bail, plea bargaining, mandatory minimums, and the list goes on. There are so many problems, and they are so inter-connected, that they almost seem intractable. But, in order to fix a problem, you first need to understand it. And this book is a great way to do that.
Kudos to Hessick for shining a light on these terrible problems and attempting to effect change in America. I can only hope that her book adds momentum to the reform movement! Very good!
Carissa Hessick shows, in her book "Punishment Without Trial", how this tyranny has now wreaked havoc in the criminal and civil justice systems. What was a shining beacon of liberty and presumption of innocence in 1789, took only a hundred years or so, to morph into a system in which freedom died the death of a thousand cuts. Hessick does an extremely good job in her book of explaining how certain aspects of the justice system look pretty much like tyranny's little brother: civil asset forfeiture, pre-trial detention, cash bail, plea bargaining, mandatory minimums, and the list goes on. There are so many problems, and they are so inter-connected, that they almost seem intractable. But, in order to fix a problem, you first need to understand it. And this book is a great way to do that.
Kudos to Hessick for shining a light on these terrible problems and attempting to effect change in America. I can only hope that her book adds momentum to the reform movement! Very good!
April 26, 2025
I wanted to love this book - the subject matter is of the utmost importance and it affects millions of people everyday. The book was not well written, with typos throughout, sections and points which are barely fleshed out, and a great deal of personal conjecture, which, to me, is most egregious. The book also starts on track by addressing plea bargaining, but then takes some winding detours to other criminal legal issues, which are important but maybe for a different book.
I think a frustrating oversight is failing to include the long-term damage a plea bargain causes when a person is charged again in the future and the prosecutor looks to criminal history to determine whether and how they want to prosecute, or what kind of offer they might give. The paper record looks terrible, but does not reflect legal certainties and this is another travesty.
As a defense attorney, I might recommend to this to a lay person as an introduction to plea bargaining and other issues, but unlikely.
I think a frustrating oversight is failing to include the long-term damage a plea bargain causes when a person is charged again in the future and the prosecutor looks to criminal history to determine whether and how they want to prosecute, or what kind of offer they might give. The paper record looks terrible, but does not reflect legal certainties and this is another travesty.
As a defense attorney, I might recommend to this to a lay person as an introduction to plea bargaining and other issues, but unlikely.
February 3, 2022
No summary needed. It’s all in the name. This is a must for folks interested in criminal justice reform. I have been an avid proponent of civil asset forfeiture reform/abolition for a long time. But now I can add plea bargaining to institutional policies that I am skeptical of.
The best part of this book is that she does not blame all progressives or conservatives for the woes of the criminal justice systems in their locales. She shows the flaws on all sides of the issue. It’s pretty distressing that there doesn’t seem to be an easy fix. Just a great, great book. Will recommend to anyone I can
The best part of this book is that she does not blame all progressives or conservatives for the woes of the criminal justice systems in their locales. She shows the flaws on all sides of the issue. It’s pretty distressing that there doesn’t seem to be an easy fix. Just a great, great book. Will recommend to anyone I can
February 1, 2022
Carissa delivers an eye opening exposé on one of the major faults of the criminal justice system in the United States: Plea Bargaining. She explains the problems in a way that someone who has never been near a bar exam will easily understand. There is nothing boring about this piece. In fact, the real stories of those who've been troubled and punished by this system held me in disbelief throughout the entire read. Highly recommend this to anyone that isn't already aware of the current state of things in the average American courthouse.
April 19, 2023
This definitely gave me a lot to think about. I guess it never crossed my mind what plea bargaining actually is—essentially waiving a person’s constitutional right to a trial. It’s allowing lawyers to negotiate your fate for you, along with your sentence, rather than a jury of your peers. In that regard, yikes. But I think, really, at this point in time with the “technology” we have with evidence (DNA, etc.) a plea would make sense in some cases, rather than going through a whole trial. 🤔
February 26, 2023
I received an ARC of this book from Abram’s Press. It really brought me back to my undergrad and law school days. Plea bargains are accepted mindlessly as a necessary part of our criminal Justice system and maybe they should not be. They certainly don’t result in justice in a lot of cases. I recommend this book for anyone questioning the system.
August 9, 2023
A smart look at our broken criminal justice system. I find Hessick to be a thoughtful and thorough investigator of the plea bargain system, it’s players, and their problems. The anecdotes used to illustrate the issues and their solutions break up the legal analysis in a way that compellingly centers the narrative on human misery.
December 12, 2024
A critique of a system that often prioritizes speed over fairness. Combining sharp analysis with real-life stories, Hessick highlights how plea bargaining undermines justice and pressures even the innocent to plead guilty. This engaging and eye-opening book is great for anyone questioning the fairness of the American legal system.
January 4, 2022
I really wanted to finish it but I ended up giving up in the last chunk. Nevermind the spelling and grammatical errors, the author's work is incredibly repetitive and written in a way that appears based on opinions and stories. Glad I didn't pay full price for this.
July 7, 2023
This is one of the most depressing books I’ve ever read. I would not recommend this to anyone who has even a semblance of faith in the American criminal justice system. This book will take it all away.
January 5, 2026
I think the contents were really interesting and well thought out but the writing felt a little dumbed down and it would have been nice to have citations within the text that fleshed out source material.
December 19, 2021
Will likely enrage you. I knew this problem was bad, but was ignorant of how bad it was. Near-essential reading.
February 22, 2022
One of the most informative books I’ve ever read
May 28, 2023
This is a great book, even for non-lawyers. It forced me to re-think (thanks Adam Grant!) and better understand the criminal justice system as it exists today. I learned a lot and would recommend.
January 7, 2024
It was very informative and eye opening to the criminal justice system. However, it was repetitive and did have some grammatical errors.
February 27, 2022
An incredible, accessible, and eye opening look at the (very oversized!) role of the plea bargain in the American justice system, and the effect it has. Carissa Byrne Hessick looks at the flaws in the American justice system in a way that is compassionate to those it affects, while challenging the readers to take a critical look at how the system works -- and question why it functions as it does. This book left me fuming at times, incredibly aware of how unaware I (and many other Americans, I'd wager) am of the justice system; it's thought provoking, and asks us to envision a version of our legal and court system which is focused on truth and real justice, rather than efficiency for efficiency's sake.
I listened to this on audiobook, which was wonderfully narrated, but it's so full of great information that I think I'll have to look for a physical copy to have on hand as well!
I listened to this on audiobook, which was wonderfully narrated, but it's so full of great information that I think I'll have to look for a physical copy to have on hand as well!
September 8, 2025
(Hoopla) Same old drivel that I have come to expect from Michelle Alexander (The New Jim Crow) apostles, emphasizing that: (1) mass incarceration is a function of something other than violence (this book alleges that it is a function of misdemeanants not able to post a cash bond); and (2) the two types of folks that are arrested and wrongfully detained are (a) the Jean Valjean characters that steal only to keep from starving to death, and (b) the drug addict that just needs help with treatment.
More will follow.
More will follow.
May 21, 2022
Important message and interesting points throughout the book. Felt a little repetitive at points. There are a few basic grammatical and spelling errors throughout.
Displaying 1 - 24 of 24 reviews