Is America’s Criminal Justice System Truly Just? Judge Jed Rakoff Argues for Reform

The Bill of Rights provides a great number of protections for accused and convicted criminals: it promises trial by jury; it prohibits “cruel and unusual” punishment. And in this system, defendants are presumed innocent until proven guilty. Yet few criminal indictments today are actually decided by a full trial; instead, prosecutors have many points of leverage, and defendants have strong incentives to plead guilty. Are these tools and incentives good for constitutional government?

Judge Jed Rakoff, of the U.S. District Court for the Southern District of New York, recently published a book arguing for major reforms: “Why the Innocent Plead Guilty and the Guilty Go Free: And Other Paradoxes of Our Broken Legal System.” On April 29, 2021, he participated in a public web event with Adam, to discuss the limits of forensic science, prosecutors’ advantages over defense during trials, and other ways the criminal justice system is falling short. The recording of their conversation is today’s podcast episode.