Why the innocent plead guilty and the guilty go free

By Jed S. Rakoff

A senior federal judge's incisive, unsettling exploration of some of the paradoxes that define the judiciary today, Why the Innocent Plead Guilty and the Guilty Go Free features essays examining why innocent people plead guilty, why high-level executives aren't prosecuted, why you won't get your day in court, and why the judiciary is curtailing its own constitutionally mandated power.

How can we be proud of a system of justice that often pressures the innocent to plead guilty? How can we claim that justice is equal when we imprison thousands of people of color for relatively modest crimes but rarely prosecute the rich white executives who commit crimes having far greater impact? How can we applaud the Supreme Court's ever-more-limited view of its duty to combat excesses by the president?

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