Robert Reiner, Social Democratic Criminology

Abstract

Clair arrived at the summary statement as a way of explaining why privileged clients had not cultivated any significant legal expertize and therefore deferred to their attorneys, but the passage reads as though privileged clients were simply too busy making all the right decisions in life—“going to doctor’s appointments” and what not—to get into trouble with the law, and by implication, Clair seems to be offering an indictment of choices made by disadvantaged clients. Again, Clair’s data does not support this claim. The privileged had plenty of run-ins with law enforcement, and as some of Clair’s clients explained, they benefitted from networks that included ties to influential legal officials, financial resources to purchase a better quality of defense, and white privilege. Chapter 4 deals with the complexities of criminal defense from the viewpoint of defense attorneys. This is my favorite chapter though my read is that too often Clair presented defense attorney perspectives in an uncritical way. Again, clients act; courtroom officials respond. Nevertheless, in chapter 4 we learn defense attorneys (a) take exception to being challenged by disadvantaged clients; (b) are as concerned about maintaining a professional identity in the eyes of judges and prosecutors as they are about using every legal strategy available to their clients; (c) determine legal strategies by judicial habits; and (d) sometimes give less effort in cases where they suspect the client may be facing too many of life’s problems to fully participate in their own case. In short, justice may take a backseat to courtroom culture and professional tensions, and “disadvantaged” clients may be justified in their legal cynicism and “withdrawal.” Chapter 5 is a conclusion with now customary policy recommendations. Overall, Privilege and Punishment makes some compelling arguments, and instructors should find the book useful in courses on courts, criminal justice inequalities, organizational culture, and professional-client relationships.