• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Home
  • About DCC and the writer
  • Guest Writers
  • Testimonials
  • Archives 2009 – present
  • Frequently Asked Questions
  • Contact

Defrosting Cold Cases

Est. 2009

  • Cold Case Database: Index and Summaries
    • Index
      • Cases Index A-G
      • Cases Index H-N
      • Cases Index O-Z
    • Summaries
      • Case Summaries A-G
      • Case Summaries H-N
      • Case Summaries O-Z
  • Two Research Methods
  • How to search for a case
  • Case of the Month (2014 – 2024)
  • Book Reviews
You are here: Home / Book Reviews / Why The Innocent Plead Guilty by Jed S. Rakoff

Why The Innocent Plead Guilty by Jed S. Rakoff

September 10, 2021 By Alice

Jed S RakoffFull title: Why The Innocent Plead Guilty And The Guilty Go Free and other paradoxes of our broken legal system. Huge title but then the book covers an enormous number of issues.

Judge Jed S. Rakoff used this book to combine essays that he wrote for the New York Review of Books over the past few years and added new thoughts.

Judge Rakoff opens with a topic that is dear to my heart: why do people confess to something that they did not do? There are several posts on this website dedicated to wrongful convictions and false confessions. But, Rakoff highlights another angle and expands on it: plea bargaining.

While most people still think that criminal cases are always tried and concluded in court, the truth is that the majority of these cases never go to trial. They are resolved through plea bargaining without judicial oversight and a mostly one-sided ‘negotiation’ from the prosecution on both the federal and state level.

The defense comes in when the prosecution already had time to formulate their offer. Then, time and money constraints do not allow for extensive checking. The best plea the defense gets is when it agrees promptly so, on the prosecution’s time schedule. If not, the deal may be off the table. There is no objective or independent review and it may drive people to accept a plea.

Why?

Fear that the offer may be withdrawn, that they may face the death penalty if they cannot convince the jury (wrongful convictions) or, doubt that they will never be able to get the resources for a proper defense. The prosecution may claim to have DNA or several reliable eyewitnesses.

Now eyewitness identification is at the top of the list of reason why we have wrongful convictions. Just check online. It is a real gamble. We may think that there are distinct different facial features however, to some, we, people of colour, all look alike. Judge Rakoff goes over line ups at the police department, perception, memory, and the resurfacing of repressed memories.

Judge Rakoff offers solutions such as involving magistrates in the plea bargaining process, adding to the continued law education a job rotation where state and federal prosecutors switch roles with criminal defense attorneys in other jurisdictions. They do this already in the UK.

The book further discusses mass incarceration, mandatory minimum sentencing, the death penalty and its legal history, the Frye versus Daubert standards, scrutiny for forensic evidence and its limitations esp. in regards to testing and reporting, post-conviction access to pretrial evidence for forensic testing (another topic dear to my heart) and much more.

Chapter seven is an eye opener as Judge Rakoff explains in plain English the Recession that began in 2008 and why a willful blind eye was turned to corporations. Starting on page 98, the judge explains ‘deferred prosecution agreements.’ It is a special deal so that the individuals in a company are not investigated. Instead, there is this public song and dance about the company cooperating fully with the government to improve their security, their internal affairs procedures, stamp out fraud, etc. and they promise to be better at keeping track. To show their goodwill, they pay a fine. Just search the Sally Yates Memo.

Near the end of the book, Judge Rakoff writes about September 11, Guantanamo Bay, waterboarding, the use of torture, and rendition.

However, it is the last chapter that makes this book so meaningful right now. In Chapter 11, Judge Rakoff explains how the US Supreme Court became subservient to the Executive branch.

The book is well written, the text flows well, the pace is good, the chapters are well proportioned, and there is an index. Highly recommended reading. My other book reviews are here.

Thank you for sharing!

  • Share on Pinterest (Opens in new window) Pinterest
  • Share on Facebook (Opens in new window) Facebook
  • Share on X (Opens in new window) X
  • Share on Tumblr (Opens in new window) Tumblr
  • Share on Reddit (Opens in new window) Reddit
  • Share on Mastodon (Opens in new window) Mastodon
  • Print (Opens in new window) Print
  • Email a link to a friend (Opens in new window) Email
  • More
  • Share on LinkedIn (Opens in new window) LinkedIn
  • Share on WhatsApp (Opens in new window) WhatsApp
  • Share on Telegram (Opens in new window) Telegram
  • Share on Nextdoor (Opens in new window) Nextdoor

Related

Filed Under: Book Reviews Tagged With: Book Reviews, Jed S. Rakoff

Primary Sidebar

Dina Fort

Author Notes

Since 2009, I write about unsolved cases that need renewed media attention. I only do research and leave active investigations to the authorities.

My posts cover homicides, missing and unidentified people, wrongful convictions, and forensics as related to unsolved cases.

On book reviews: I only review select works of true crime, crime fiction, and historical fiction/mysteries. The stories have to fit my website's theme, tone, and research. It is my prerogative to not review a book. Please check the FAQ page for more.

My databases are free to the public. Cases are sorted by the victim’s last name.

If you have any questions about my website please check the Frequently Asked Questions (FAQ) page, the About page, and the tabs in both menu bars. If you cannot find the answers there, please contact me.

Thank you,

Alice de Sturler

Top Posts & Pages

  • Gregory McRoberts: hit-and-run victim
  • In memory: Azaria Chantel Loren Chamberlain
  • Riley Fox case solved
  • Frog Boys: finally an update
  • Who killed Beth Ann Brown Patterson?

Categories

Subscribe to DCC by email

Enter your email address to get new posts notifications in your inbox

Copyright

If you use my work, please add a link back. Let your readers know where you found your information. I do the same for you. Thank you!

Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivs 3.0 Unported License.

Protected by Copyscape

Copyright © 2026 ·News Pro · Genesis Framework by StudioPress · WordPress