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    Unfair: The New Science of Criminal Injustice
    Unfair: The New Science of Criminal Injustice
    Unfair: The New Science of Criminal Injustice
    Audiobook10 hours

    Unfair: The New Science of Criminal Injustice

    Written by Adam Benforado

    Narrated by Joe Barrett

    4/5

    ()

    About this audiobook

    Our nation is founded on the notion that the law is impartial, that legal cases are won or lost on the basis of evidence, careful reasoning, and nuanced argument. But they may, in fact, turn on the camera angle of a defendant's taped confession, the number of photos in a mug shot book, or a simple word choice during a cross-examination.

    In Unfair, law professor Adam Benforado shines a light on this troubling new research, showing, for example, that people with certain facial features receive longer sentences and that judges are far more likely to grant parole first thing in the morning. In fact, over the last two decades, psychologists and neuroscientists have uncovered many cognitive forces that operate beyond our conscious awareness-and Benforado argues that until we address these hidden biases head-on, the social inequality we see now will only widen, as powerful players and institutions find ways to exploit the weaknesses in our legal system.

    Weaving together historical examples, scientific studies, and compelling court cases-from the border collie put on trial in Kentucky to the five teenagers who falsely confessed in the Central Park Jogger case-Benforado shows how our judicial processes fail to uphold our values and protect society's weakest members. With clarity and passion, he lays out the scope of the problem and proposes a wealth of reforms that could prevent injustice and help us achieve true fairness and equality before the law.

    Editor's Note

    Illuminating & kind…

    Illuminating without judging, “Unfair” asks questions and opens eyes to the impacts that our police-and-punishment state has on the people it supposedly protects and serves. Benforado brings kindness and warmth to a topic that can leave the reader feeling chills.

    LanguageEnglish
    PublisherHighbridge Company
    Release dateJun 16, 2015
    ISBN9781622319503
    Unfair: The New Science of Criminal Injustice

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    Reviews for Unfair

    4/5

    136 ratings54 reviews

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    • 4/5
      This was a striking, important book about the ways the American justice system fails through misunderstanding (or ignoring) the way that humans work. The author has some great recommendations that I am, alas, very cynical about the plausibility of.
    • 3/5
      A dense but fascinating look at how situations and our personal view of evidence skew our objectivity when it comes to the criminal justice system. Is a "fair" trial even possible? We are biased and that's a fact that's hard to overcome.
    • 3/5
      I received an advance readers copy from the publisher in exchange for an honest review.Benforado's book is not intended to be a major research project but an overview for a popular audience, written to convice the reader (presumably readers who don't already agree with the author) that our criminal justice system in the United States has significant flaws from a "scientific" (applied psychology and neuroscience) perspective. An alphabetical bibliography is supplied for each chapter, with endnotes available online, should the reader be interested in cited proofs. The book opens with a bang--a description of a medieval trial for heresy--and asserts that 900 years from now, future generations will find our notion of critical justice every bit as corrupt and wrongheaded. Understanding the biases of the actors and the causes of crime in the criminal's brain, the author argues, should lead to sweeping reforms in the criminal justice system (such as abolishing prisons).Benforado attempts to debunk several myths, such as the myth of evil and the myth of deserved punishment. The book is at its strongest when it argues about class, race, and wealth and how they cause massive inequalities in outcomes for those accused of crimes. I am as leery of three strikes laws, mandatory sentencing, adversarial litigation, and solitary confinement as the author--and very concerned that in locking up nonviolent offenders we turn them into violent ones--and yet I find the bulk of the book unconvincing. The remedies and alternatives proposed are also ludicrous and extreme, but I will not give any examples, because I do not want unfairly prejudice other readers against the book. They should weigh the case that Benforado makes for themselves. In some cases his examples from psychology were so convincing that I'm equally convinced that the alternatives, once in place, would turn out as bad or worse. I have no idea how we can eliminate such problems as the profit motive, confirmation bias, and a mob mentality fueled by social media simply by turning all prisons into Norwegian-style rehab centers with flowers and trees, not that the American public would ever support keeping prisoners in nicer living facilities than many of the law-abiding general public can afford, no matter how enlightened they become about neuroscience.Speaking of biases, the author himself is quite liberal, taking aim several times at the conservatives on the Supreme Court. He comes very close to suggesting that while there is no such thing as evil, Antonin Scalia and religious conservatives on the bench are themselves evil: "more likely to commit evil acts themselves--supporting or perpetrating cruel acts against people whose crimes ultimately reflect not their corrupted dispositions but their genetic and environmental bad luck." There is too much inflammatory and extreme language in the book, making it into a tiresome polemic after a while. For instance, "Solitary confinement is torture." "If you believe in the existence of pure evil, it stands to reason that you will tend to support harsh punishment and view efforts at reforming offenders as pointless." I can buy the argument that we lock up people because we don't want to support mental health care or drug treatment programs. On the other hand, stating that "we are implicated in their crimes" if they fall through a hole in the social safety net is over the top. Criminals are not to blame for their crimes, but those who politically disagree with the author are most certainly to blame for those same crimes.
    • 4/5
      Excellent audio detailing the history and failings of the justice system with some well thought out alternatives. The most thought provoking concepts for me was looking at justice based on ones beliefs. If you believe animals have no feelings or soul then burning them alive for fun makes sense. If you believe tortured confessions reveal the truth then what they did to witches and others makes more sense.
    • 4/5
      Well written, easy to read book about the flaws in our criminal justice system seen through neuropsychological understanding. A little boring for me because I've already read so much of this kind of stuff but that's not his fault. The final 'recommendations' chapter was a little weak because it didn't really go into resistance to change.
    • 4/5
      It is rare for me that a non-fiction book has such a loose, unfocused, banal ending that it almost overwhelms everything good that came before, and there is plenty of good in this book. The reader is immediately caught up in what the author has to say with an extremely compelling true story at the beginning. The author then proceeds to review every major aspect of the American criminal justice system, showing quite clearly why each part is lacking in some very critical ways. The victims, detectives, suspects, attorneys, juries, eyewitnesses, experts, and judges, all get put on display for their faults. Moreover, the general public and the prisoners themselves get their turn, too. Watch a few TV shows and many of these faults will be familiar, though maybe not as familiar to the average reader as the statistics the author provides show they should be. In fact, read a lot about black justice in America, and nothing in this book should be a surprise. Of course, the statistics on racial disparities are abundant and easily available to anyone even vaguely interested. To be fair, the author does try to offer some solutions to the problems he points out, but they are shallow in their details and ignore some very obvious political realities. Okay, there are a couple very intriguing ideas that stand on their own. Ultimately, he offers that America is "limited only by our imagination and our own stubborn adherence to the way things have 'always' been done"...and by the new Federal government. But then, the author could hardly have guessed his work would become so worthless so quickly.
    • 3/5
      A dense but fascinating look at how situations and our personal view of evidence skew our objectivity when it comes to the criminal justice system. Is a "fair" trial even possible? We are biased and that's a fact that's hard to overcome.
    • 5/5
      A fascinating fact-based indictment of the criminal justice system from the perspective of scientific application of behavioral analysis and psychology. Despite the racy title, this book IS absolutely scientific in providing evidence to support point after point. That no matter how well-intentioned our system is (and is certainly better than systems of 100 or 1,000 years ago) many preventable errors are made unintentionally. And that these errors could be greatly reduced, many with only minor steps that are common sense. Anyone practicing in the field of criminal Justice owes it to himself to read this book. And I will extend the exhortation to the public at large for any of us may be called as jurors and should be educated about the system as it presents cases to us. Bravo to Benforado and I look forward to his further writings, recommendations and research.
    • 5/5
      The system doesn't work, plain and simple. Benforado lays out case after case, example after example of the injustice, corruption, ignorance and outright malice in the criminal justice system. He has compiled relatively well known and unknown cases alike to highlight the failure of the monopoly of "justice".The book is a great read. Easily read and informative.
    • 5/5
      I won a copy of Unfair: The New Science of Criminal Injustice through Library Thing's First Reads program in exchange for an honest review. We strive to create a fair justice system where everyone is equal under the law, but author, Adam Benforado lays out a case that equality may be difficult to achieve. We humans are susceptible to the limitations of our brains and how our beliefs and biases distort facts. It does not matter whether we are attorneys, judges, or jurors. Benforado bolsters his claims with solid research. He makes complex subject more understandable by weaving in examples to highlight his points. The book is intriguing and disturbing at the same time. His research should be the starting point for reforming our justice system.
    • 4/5
      Unfair is a thought provoking book about the prejudices people face in the legal system. Based on where you grew up, the family life you have, and the amount of education you have, depends on how biased you are when it comes to the legal system. It cannot be helped since we are human, and those life experiences shape our daily lives. Every person has prejudices. It is natural, and this book explains how try as we might, and as firmly we believe ourselves to be free from prejudices, we aren't, based on our lives.The author explains how the prison system in the US is unfair to the criminals (and to some degree I agree) but does little to explain how to protect the victims rights in this. He also explains where the crime takes place, and the color of your skin impacts what happens to the person charged in the crime.This books explains a lot, but doesn't really offer any realistic ideas. He says training police offices and prison guards will help, and change the mindset of the attorneys and judges, but that seems to be a small group compared to everyone involved in a legal proceeding. Although, it does give a person something to think about!
    • 4/5
      There’s probably no one who would disagree with the statement that we wish there were fewer criminals around, but Adam Benforado makes a convincing case that our American methods of dealing with those who have committed crimes do not work to accomplish this. He is at his most convincing when he compares tactics and results in other countries (sentencing, prison conditions, recidivism rates) to those in the U.S. He goes further to show that our ways of questioning and identifying suspects can introduce significant bias. His description of how putting criminals in isolation for extended periods of time creates psychological damage is chilling. And his statement that a year in a super max prison costs the same or more than a year at a pricy college shows how out of control the situation can be. He does end with a chapter that suggests ways to improve in the future—it’s extremely doubtful that some of his techniques would be implemented (virtual trials, mandatory education at home rather than imprisonment, etc.) but it certainly is thought provoking and a start needs to be made. His basic idea that our aim should be rehabilitation and education rather than punishment seems right on.
    • 4/5
      A thought provoking look into the system of criminal justice, aptly referred to as "criminal injustice" in the subtitle. The writing is somewhat dry but the material is interesting, and at times fascinating. The author explores the psychological biases of all who are involved in the system - judges, lawyers, peace officers, investigators, eyewitnesses, juries, and so on. This is a good companion book to Bryan Stevenson's book, Just Mercy, which also focuses on the unfairness and racial bias of the justice system, and goes more deeply into individual cases.
    • 5/5
      Unfair is an exceptional read. I majored in Psychology so I have always been interested in the human brain and what makes us do the things we do, conscious or not and this book did not disappoint. Benforado does a great job of presenting us with hard facts instead of opinions that you find in so many other "scientific" books. At times this book was difficult to read because it brings to light so many problems with the legal system that are unimaginable. I would recommend this thought provoking book to anyone interested in not just the legal system but psychology as well.
    • 5/5
      I gave this book 5 stars for its relevance, importance and readability. Since my field is cognitive psychology, there were studies that were familiar, but not only were these applied to a novel setting, there was a whole new field of research with which I had been unfamiliar. The result is compelling, highly readable and totally disturbing. I want to send copies to the chief of police, city attorney, lawyers, and judges and demand that they read it. Without being polemical, Benforado clearly identifies where the issues are and some possible initial steps to address them. Highly recommended.
    • 4/5
      We like to think that our justice system is an equitable one, unfortunately that would not be an accurate assessment. UnFair dives in and using actual case histories shows how own own preconceived notions play into miscarriages of justice. It is a sober read that will make you realize just how much reform is needed.
    • 4/5
      I was not sure what to expect from this book going in. After reading it, I have come away very impressed. Benforado does not tell you about what seems unfair to him about the US's criminal justice system. Instead, he uses a lot of psychological and evidential research to prove what is unfair. Then he spends the last section of the book proposing solutions to the problem. Having served on a jury in a criminal trial, I thought that it was all spot on. How can we tell who is being truthful and who is not? How can we prevent unintentional bias? Is it enough to tell people not to be biased? These questions and more were explored in this book, which I thought was a very provocative read. My only quibble, and it's a small one, is that I'm not sure that all of his solutions are feasible in the United States. Even so, he has highlighted the problems, and we should really take a long, hard look at potential solutions.
    • 4/5
      In Unfair, Adam Benforado discusses the injustices of the American justice system with historical, current, and scientific evidence. In his historical musings, he discusses the idea of justice as it evolved with time. For instance, he brought up witch trials (including the ridiculous ones where they throw the unlucky defendant in a lake and to see if she floats) and trials of animals that had killed humans. He pointed out that our concept of justice will continue evolving so that in 100 years our own criminal system will seem as preposterous and horrific as a witch hunt. His current information included a lot of discussion of people who had been wrongly convicted due to misapplication of "justice." Personally, although I think wrongful convictions are horrible, I believe they are so rare that he should have spent more time focusing on other injustices - like the fact that a drug kingpin, once caught, can provide names of everyone beneath him so that those people have no one to snitch on. Such miscarriages of justice mean that the kingpin gets a greatly reduced sentence and the people below him get regular-to-maximum sentence. That's the type of thing I wanted to hear about, so I could complain about the justice system in a more informed manner. :) Benforado also spent a lot of time discussing natural human bias - such as the fact that a person's appearance, history, socioeconomic background, etc. affects the jury's perception of guilt. In his scientific discussion, he told the reader about current breakthroughs in lie detection (such as brain scans), which, although promising, need a lot of work. The author pointed out that jurors are much too likely to accept this "scientific evidence" as truth just because brain scans seem to be indisputable. Overall, Unfair was interesting, despite focusing too much on the rare cases of wrongful convictions. The book was well-paced, interesting, and intelligent. It leaves the reader plenty to think about.
    • 4/5
      The book looks at the various ways our mind works, often without our awareness, that render our judicial system unjust, from bias based on appearance, to malleable memories. While some of this information was not new to me, seeing it all together with its impact upon the judicial process was sobering. He ends the book with some possible solutions, some simple to adopt, all worthy of serious consideration.
    • 5/5
      this book is an amazing look into the failures of our "justice" system. it is a very eye opening read. Everyone should read this.
    • 4/5
      Everyone involved in or interested in criminal justice needs to read this book. Adam Benforado, a law professor at Drexel University enumerates all the multitude of ways that our criminal justice system is unfair to everyone who is subject to it. Using data from psychologists and other researchers he points out how virtually each step of the criminal justice process fails to treat the accused fairly. It really is frightening how completely innocent people can have their lives ruined by this system, even while every participant in the process firmly believes that they are being fair and doing the right thing. With a 75 page bibliography and over 300 additional pages of endnotes available on the authors web site, this is a great reference, and one that I plan to refer back to in the future.
    • 5/5
      The author is an associate law professor at Drexel University as well as a graduate of Yale College and Harvard Law School so he has some solid credentials. In this book he looks at our criminal justice system and discusses how this system does not work. However, it is not for the reasons we generally believe – it is not because of racist cops or dishonest prosecutors – but because of what lies in every one of us! Most importantly, he lays out some options that would correct many of these things, including: eliminating in-court witness identifications, removing jurors without cause before trial, improved forensic analysis done in real time, better use of video cameras, New York City’s smart-phone pilot program nationwide, use of trauma kits by cops and emergency responders such as are used in the military to save lives, independent researchers to provide unbiased briefs to judges and virtual trials. While some of his ideas seem a little far-fetched, he makes compelling arguments for their use. It certainly would not hurt to experiment as our system is definitely in need of help. Great book.
    • 4/5
      Although this book took some time to complete, it was a good read. I was aware, in a limited way, the shortcomings of the American judicial system. This book revealed the details and depth of how corrupted (innocently at times) the justice system has become. 'Unfair' brought out many things that can be done - physically - to remove corrupt practices, however, in the words of General McArthur in his fairwell speech given to Congress in 1951 - to really fix things, it will take something 'spiritual'. The spiritual being the soon coming Kingdom or 'Government' of God.
    • 5/5
      Unfair: The New Science of Criminal Injustice is an eye-opening and thought-provoking read. As with all social issues, the issue of inequality in our judicial system is complex, and cannot be dismissed with clichéd assumptions about who gets convicted of crimes, and why. Currently there is an effort to begin reforming the U.S. criminal justice system, and based on the information in this book, that effort is long overdue. I recommend this book to anyone interested in social justice.
    • 4/5
      While the language was a bit thick and dry at times (what else would you expect from a law professor?), I found most of this book fascinating. The author describes where there is unfairness and biases throughout the entire justice system from investigation to arrest, from juries to prisons. I was especially interested in the story of how a mistaken label of "ETOH" (ethyl alcohol, i.e. "a drunk") led to disastrous results. I wish there had been more examples as I enjoyed them the most, but overall I found this a solid, good read.
    • 4/5
      How much do you know about the U.S. legal system? How unbiased are you, personally, when confronted with the "facts" of a crime? From the point a crime is committed through the incarceration and release of the accused, this book touches on all aspects in a way that make you rethink how things are done. It will also make you rethink how you judge the victims and the accused from the comfort of your living room, and yet do everything possible to remove your input from the seat in a jury. A perfect book for introspection and a fabulous book for public commentary.
    • 5/5
      While most people don’t have much personal experience with the U.S. justice system, many of those who do are very unhappy with it. Adam Benforado, an associate professor of law at Drexel University, has written a concise, reader-friendly book about what is wrong with the system and suggests ways to correct it. The topics cover investigation, adjudication, punishment, and reform. Early on he asks, “How will someone nine hundred years from now view our current system of justice?” and predicts that they will see that it is as poor as those centuries ago when they were handled by religious figures and the wealthy.“Even if our system operated exactly as it was designed to, we would still end up with wrongful convictions, biased proceedings, trampled rights, and unequal treatment. Injustice is built into our legal structures and influences outcomes every minute of every day. And it s origins are 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.”Americans elect people to Congress whose claim to fame is that they were prosecutors. Very few of the issues handling the US Congress have anything to do with the issues that a prosecutor faces. What it shows is that Americans are very concerned with retribution. The more prosecutors are focused on winning, rather than achieving justice, the more likely they will be to act dishonestly.The framework of our system relies heavily on precedent. As we can see in the recent Supreme Court ruling permitting marriage between people of the same sex, breaking precedent is not an easy matter nor is it well-received by many in the community.Prosecutors and police officers, trying to clear cases as quickly as possible, sometimes will jump to early conclusions based on limited information. Once an opinion is formed, it’s hard to change it. They then consider the case solved and move on without examining other possibilities. Readers of crime fiction and viewers of television stories about crime have red herrings thrown in on a regular basis. The legal system moves away from that possibility. The results can be deadly. A man was spotted by someone who noticed him behaving strangely on a sidewalk. The police quickly decided that he was a drunk. When they brought him to the hospital, they told the staff their opinion. The ER staff accepted it, ignored him, and waited for him to become sober. In reality he had a brain injury from mugging. When correctly diagnosed eight hours later, a blood clot caused brain to swell and too late to save his life. The man, David Rosenbaum, was a newly retired NYT journalist. The incorrect and unverified labeling killed him.There are stories in the media every week about failures in the US justice system. They range from police brutality, innocent people being released from prison after serving long terms, sometimes because the prosecution or judges don’t want to admit they made a mistake. In 2005, Texas executed Cameron Todd Willingham even though there was evidence proving his innocence, evidence available in 1992.Today, ninety to ninety five percent of cases are settled out of court. Often an innocent person will plead guilty even when innocent rather than take a chance with a jury. When that happens, the ability to appeal is diminished. `A significantly disproportionate number of people in prison have major mental illnesses or brain injuries. Admitting it makes justifying harsh punishment more difficult. Most prisons do not provide treatment for these people making it more likely that they will return.We know that Americans have too many guns. Clutching a weapon can change us. One study showed people holding a weapon more likely than people holding benign objects to over assess danger. People living in states with more guns have more shootings. Green spaces experienced less crime. Criminals not lurking in bushes. More graffiti, more crime. When we refuse to regulate weapons or deny funding to blighted neighborhoods and their residents, we become implicit in the resulting crimes.Benforado states there is a need for more diversity on juries. We should pay jurors or their employers enough to ensure that no one loses income, provide transportation and childcare, and rethink how we screen jurors. Blind people may be excluded from a jury when they may be better able to hear what is being said instead of focusing on body language, which might be misleading.Another remedy is to require prosecutors to turn over all exculpatory evidence. Yet another is to encourage juries to consider the opinions of those who disagree with the majority.How evidence is presented plays a major role. The camera angle of a photograph can make a big difference. The speed of a video, a blown-up image, can affect a jury’s decision.The cause of a defendant’s impairment should not matter. Was he injured in a football game or abused as a child or carries a certain gene. The end result the same. A neurobiological explanation of psycopathy reduces sentences.Whether they admit it, or even recognize it, judge bias exists. Judges with daughters are more likely to recognize gender in deciding civil rights cases. Justice Scalia speaks publically about issues than fail to recluse himself. Without more diversity on the courts, this will continue to influence decisions. Too often judges have strong opinions about the outcome of cases and focus on proving that opinion instead of seeking the truth with an open mind when doing research.What constitutes a crime? The Illinois Criminal code in1961 had 72 pages. In 2000, it filled 1,200 pages.People are imprisoned for minor, non-violent crimes such as passing a bad check. More recently, Black men and women have died because of a faulty tail light or refusing to put out a cigarette in their car when ordered to do so even when there was no cause to ask. After while, prisoners can get used to being institutionalized. Managing after release can be more difficult. Only a few dozen people are executed annually but thousands of people are locked up without a chance for parole. “ Is burying them alive better than a lethal injection?”Benfordado suggests that courts switch from live trials to virtual trials. The use of avatars could eliminate bias based on looks or mannerisms. Judges and lawyers who do not know demographic information about jurors are less likely to make assumptions and treat witnesses and the defense differently. Lawyers will focus more on stronger arguments and probing more deeply into inconsistencies in witness statements.Eyewitness testimony is often unreliable, especially when the witnesses have repeated the story several times and it becomes etched in their memories. Jurors often give it more credibility than it deserves. In other countries, the prosecutor must uncover evidence innocence as well as guilt. Police are more like social workers helping to reduce crime rather than to punish it. The system also can determine the needs of the victims and their families in order for them to mend.UNFAIR was well-written and easy for a lay reader who reads mystery stories and watches police and courtroom television shows to follow. While not all of his suggestions are likely to be adopted, they indicate a need for changes in the justice department so that there is more justice and less retribution.I received a copy of this book from LibraryThing Early Reviewers.
    • 4/5
      The author believes that the current justice system in the United States is flawed and easily manipulated. Rather than support his thesis with notes, Benforado provides an extensive bibliography for the introduction and all chapters. It was a very interesting read that could have been made better with less verbiage and a more streamlined structure.
    • 4/5
      A really well-structured, cleverly written book about the injustices inherent in America's current criminal justice system. I wish he had talked more about the inherent racism written into our system of laws, but he does touch on that a little bit and goes even deeper to point out just how broadly unjust our system is. The book reads informally, so it's accessible to a wide range of people (not just professionals), and it has an easy-to-follow structure and pacing. Thumbs up all around.
    • 5/5
      Unfair: The New Science of Criminal Injustice, by Adam Benforado is a must-have book. The author shows how unjust our justice system is, how haphazard it is. We all know how the system favors the rich, but it turns out that there are many more factors than that, factors that the layperson would have no idea of, thus having little chance of fairness if charged with a crime.This book is as important in its way as life insurance is in another way.