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!