DOC Unfair: The New Science of Criminal Injustice by Adam Benforado in History

Review

30 of 31 people found the following review helpful. Fantastic! A Science-Based Look at Our Criminal SystemBy Book SharkUnfair: The New Science of Criminal Injustice by Adam Benforado“Unfair" is a fantastic; well-researched look at what is at the heart of our unfair criminal system. Law professor Adam Benforado has provided the public with an eye-opening gem grounded on the best current science; historical court cases and insightful research. He explores the nature of the criminal mind; eyewitness memory; jury deliberations; police procedures; and intuitions about punishment. This enlightening 402-page book includes twelve chapters broken out into the following four parts: I. Investigation; II. Adjudication; III. Punishment; and IV. Reform.Positives:1. A well written; well-researched book that is grounded on sound logic and good science.2. A fascinating topic; the new science of our unfair criminal justice system.3. Mastery of a complex topic and innate ability to educate and enlighten at an accessible level.4. I love the tone and pace of this book. Benforado is very careful not to oversell the benefits of science while at the same time clearly showing what good research has uncovered and the shortcomings of our system. Kudos!5. A clearly defined theme; “Injustice is built into our legal structures and influences outcomes every minute of every day. And its origins lie not inside the dark heart of a bigoted police officer or a scheming D.A. but within the mind of each and every one of us.” Intriguing.6. Provides many interesting cases and immerses sound logic and science into each one. David Rosenbaum’s story illustrates an unacceptable chain of mistakes. “The physical disgust they felt may have generated an explanation for David’s condition that involved lack of discipline and poor character—drunkenness—rather than another potential cause: a stroke; seizure; diabetes; head injury; or drug interaction. And once the ETOH label was attached; David was in trouble.”7. Confirmation bias and its impact to our criminal system. “Once David was labeled a drunk; the responders and medical professionals appeared to focus on finding evidence that supported that description.”8. A fascinating look at false confessions and what leads to them. “False confessions and incriminating statements are the leading contributors to wrongful homicide convictions; present in over 60 percent of the known DNA murder-exoneration cases in the United States. More broadly; they appear to have been a factor in about 25 percent of all post-conviction exonerations.”9. Great use of neuroscience. “Some scientists have claimed that roughly half of the variability in antisocial traits across the population comes down to the genes that people are born with. All things being equal; if you have a Y chromosome; you are several times more likely to engage in violent criminal behavior. And psychopaths and pedophiles are both disproportionately men. But it can be hard to separate out the impact of genes from social factors: after all; men and women are subjected to very different arrays of experiences and expectations.”10. A look at how lawyers break the rules and what can be done about it. “We should worry; then; about the enormous control that prosecutors have over the state’s evidence and witnesses: they are the ones who decide if and when the defendant’s team will receive the ballistics report or the DNA report or a copy of the witness statement or the initial police write-up.” “Research suggests that the more prosecutors are focused on winning; rather than on achieving justice; the more likely they will be to act dishonestly.”11. The role of juries. “Of course; the faith we have in our own perceptions and our cynical discrediting of those with whom we disagree can create trouble even when a jury does get to consider the case. As jurors; we are often oblivious to how our own preexisting commitments; beliefs; and biases shape our impressions; but we quickly and easily spot them influencing others.”12. Surprising findings and tidbits used throughout the book. “Recent research suggests that a person’s weight can influence juror assessments; with male jurors more likely to reach a guilty verdict when the accused is an overweight woman than when she is thin.”13. So how reliable is our memory? “There is; for instance; compelling evidence that eyewitness identifications are frequently inaccurate. When the actual perpetrator appears in a lineup along with several innocent fillers; witnesses fail to pick anyone out about a third of the time.”14. The impact of race. “Research suggests that people are 50 percent more likely to make an error in identifying a person from another race; although individuals who have a lot of contact with the other race tend to be more accurate.”15. Great stuff on separating truth from untruth. “Overall; it turns out that we are quite bad at ferreting out deception. In a recent analysis of more than two hundred studies; participants were able to identify lies and truths correctly just 54 percent of the time; only marginally better than chance.”16. An excellent chapter on judging. “Although she was forced to retreat from her statements about how gender and ethnicity influence judging; Justice Sotomayor was right: identities and personal experiences do “affect the facts that judges choose to see.”17. So what drives us to punish? “Indeed; there is a growing scientific consensus that it is a desire for retribution—not deterrence or incapacitation—that has the strongest influence on why we punish.”18. A look at prison life. Ugly facts. “A country that abolished slavery 150 years ago now has a greater number of black men in the correctional system than there were slaves in 1850 and a greater percentage of its black population in jail than was imprisoned in apartheid South Africa. Black; male; and no high school diploma? It’s more likely than not that you will spend time in prison during your life.”19. Compelling arguments on what we can do to improve our society. “The starting point of any reform comes in understanding and accepting this reality. We all need to look at the criminal justice system through new eyes. So; raising awareness about psychology and neuroscience research is critical.”20. Notes and a formal bibliography included. Negatives:1. I have one main negative; the lack of links to notes. A real shame since I’m one of those readers who loves to dig deeper into the references. That being said; I’ve read and reviewed a number of books that makes references to such research and Benforado is on point.2. Charts and diagrams would have complemented this excellent narrative.In summary; I absolutely loved this book! It has two of my favorite subjects fused into one; where science meets our criminal system and all that it implies. Benforado won me over with his mastery of this fascinating topic; great pacing; and excellent insights and dare I say judicial use of the best of our current science. It’s been a while since I’ve read a book this good; kudos. I can’t recommend this book enough.Further recommendations: “The New Jim Crow” by Michelle Alexander; “Uncertain Justice” by Laurence Tribe; “Thinking Fast and Slow” by Daniel Kahneman; “The Nine” By Jeffrey Toobin; “The Roberts Court” by Marcia Coyle; “Braintrust” by Patricia Churchland; “The Blank Slate” and “Better Angels of Our Nature” by Steven Pinker; “The Believing Brain” by Michael Shermer; “Subliminal” by Leonard Mlodinow; “We Are Our Brains” by D.F. Swaab; and “Are You Sure?” by Ginger Campbell.4 of 4 people found the following review helpful. A Book That Actually Says Something - 5 Stars; Highly RecommendedBy Bradley BeversSimply put; one of the best non-fiction books I have read in a long time. The author has put together a fascinating book on crime; the legal actors involved; and the problems that result. As a layman; I thought that tone and pacing were near perfect and most of the material was new to me. It seems many of the applied psychology books that come out are interesting and insightful; but rarely actually say anything. This book is different - the author has an agenda and is not afraid to push it. While I don't agree with all of his conclusions and some of his recommendations seem too far-fetched; it is refreshing to read a book that actually has something to say.Here are a few of the more interesting points the author makes:* Eyewitness testimony; and human memory; is flawed* False confessions are not only possible but common. Scary statistics (60% of DNA exonerations involved false or incriminating confessions).* Why prisons don't work very well* How everyone is biased; and what we can do about it* How to make the court system more fair; including some radical ideas (virtual courtrooms for example)* Damning evidence on the true unfairness of the system and who its tilted towardsWith a book that is willing to jump into the fray so completely; there were some points that I disagreed with as well. The author's proposal of a shift away from blame; the belief that there is not real evil in the world; and some of his proposals (like virtual prisons) feel like a big stretch. Regardless of what you think of those things or the other proposals made; you will be forced to think and think deeply with this book.Highly recommended.3 of 3 people found the following review helpful. Unfair: an in depth examination of our judicial system ...By Nancy BThis is an unusual book. It starts by describing a real law case from 800 years ago and explains how "guilt was determined". I found this so interesting and without offering any spoilers; let me say that these methods were based on superstition. It was a cool way to begin because it made me think about how we look at our current system. The rest of the book contains many contemporary law examples from the U.S. that are equally shocking. Each chapter can be read as a stand-alone piece; and when put together it gives a comprehensive picture of the whole criminal process from arrest to prison. In the interest of full disclosure: I like true crime books and this one did not disappoint. I knew one of the stories (from a newspaper article); but all the rest were new for me and they really are shocking.This book makes a persuasive case for re-thinking criminal justice in the U.S.. It is written for a general audience (I am not a lawyer and found it easy to read). The author takes great care to document the different sources for each chapter. Some people may want to learn more about some of the issues Benforado raises. Our legal system has evolved considerably from the dark ages; but we still have a way to go. I think that this book helps to identify the underlying problems that need attention.I recommend this book for anyone from high school age to adult and think it would be quite good for book groups because there are so many topics to discuss.