He wants us to understand the source of the perennial failures of criminal law and thus why so many reform efforts fail. And the perceived unfairness is not limited to treatment of minorities-hence the joke, “A conservative is a liberal who has been mugged a liberal is a conservative who has been arrested.” Although judges and lawyers are familiar with the shortcomings of our criminal justice processes, Drexel University law professor Adam Benforado wrote Unfair because “most people don’t know what’s really going on” and need “to confront the hidden unfairness.”įor Benforado, the path back to fairness and justice is not simply to become aware of the things that regularly go wrong in the legal system. Racism is evident not only in everyday police practices, but also in criminal investigation, prosecutorial discretion, jury verdicts, and sentencing. Following the recent cases of police brutality toward black Americans, we all should be worried about unfairness in the criminal justice system.
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