No Equal Justice Essay
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The American criminal-justice system, writes Georgetown law professor David Cole, has effectively become a two-tiered system, with differing levels of regard depending on the race or class of a given citizen who comes into contact with it. The thousands of African Americans who have been confronted by law-enforcement agents nationwide for "fitting the description" of alleged perpetrators would likely agree, but, according to Cole, it isn't just the cops that operate this way; judges, prosecutors, juries, and legislators are equally at fault. If the barrage of illustrative cases he presents in No Equal Justice paints a picture of an antidemocratic society, his proposed solution, making the criminal-justice system more "community-based," strengthening the relationships between citizens to stop crime before it starts, holds out a promise of equality. Critics may argue that such a plan is unrealistic, but the problems he describes are all too real, and deserve the attention No Equal Justice provides.
No Equal Justice makes a strong case that we have tolerated a law enforcement strategy that depends on the exploitation of race and class divisions. A challenging, multilayered analysis of how the disconnect between constitutional theory and legal practice has infected today's justice system. This book is thorough, well-written, and persuasive.
Cole's book is a well-argued, passionate plea for an unabashedly liberal program to fight crime while honoring the constitution's protection of individual rights. This is a book that needs to be read both by those who are interested in the relations between races in this country and those who think they are not. It is a scholarly but easily readable and compelling description of the insidious effects of...
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