Why The Innocent Plead Guilty And The Guilty Go Free by David Rakoff

And Other Paradoxes of Our Broken Legal System

Drawing on years on the federal bench, this examination of the U.S. justice system shows how plea bargaining, prosecutorial leverage, mandatory minimums, bail practices, and flawed forensics coerce innocent defendants into guilty pleas while allowing powerful offenders to escape meaningful accountability. Through vivid case examples, it reveals how secrecy, underfunded defense, and lenient corporate settlements fuel mass incarceration and racial disparities. It concludes with concrete reforms—reviving trials, expanding discovery, regulating forensics, strengthening indigent defense, and increasing transparency and accountability—to restore fairness and public trust.