Leth reviewed Barred by Daniel S. Medwed
Better, but still flawed
3 stars
I was looking for a pallate cleanser after "Presumed Guilty" was so overtly liberal police apologia. I think you could levy that criticism against "Barred" too, but the subject of innocent people locked in cages is evocative enough that even a law professor can't simply abide the worst parts of it "for the greater good," more or less. Like that other book, the historical narratives that describe how we got here are the best sections (mostly from the modern era, implying there might have once been a time when prisons worked, but y'know). A lot of his musing about potential reforms have been debunked by the historical record and don't really even begin to make sense if you model the government as intentionally marginalizing people. For example, there's a section about the problems with prosecutorial discretion that advocates for more "progressive prosecutors"—a contradiction in terms—instead of, like, I dunno, ending …
I was looking for a pallate cleanser after "Presumed Guilty" was so overtly liberal police apologia. I think you could levy that criticism against "Barred" too, but the subject of innocent people locked in cages is evocative enough that even a law professor can't simply abide the worst parts of it "for the greater good," more or less. Like that other book, the historical narratives that describe how we got here are the best sections (mostly from the modern era, implying there might have once been a time when prisons worked, but y'know). A lot of his musing about potential reforms have been debunked by the historical record and don't really even begin to make sense if you model the government as intentionally marginalizing people. For example, there's a section about the problems with prosecutorial discretion that advocates for more "progressive prosecutors"—a contradiction in terms—instead of, like, I dunno, ending the absolute immunity from suit that prosecutors enjoy? (which I didn't really know about until I read "Presumed Guilty", so I'm certainly not trying to peg that book as completely worthless.)
Anyway, burn down all prisons. Kill the guards. Better world overnight.