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Unfair: the New Science of Criminal Injustice - Adam Benforado epub

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  A child is gunned down by a police
officer; an investigator ignores critical clues in a case; an innocent man confesses to a crime he did not commit; a
jury acquits a killer. The evidence is all around us: Our system of justice is fundamentally broken.
   
  But
it’s not for the reasons we tend to think, as law professor Adam Benforado argues in this eye-opening,
galvanizing book. Even if the system operated exactly as it was designed to, we would still end up with wrongful
convictions, trampled rights, and unequal treatment. This is because the roots of injustice lie not inside the dark
hearts of racist police officers or dishonest prosecutors, but within the minds of each and every one of us.
   
  This is difficult to accept. Our nation is founded on the idea 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, Benforado shines a light on this troubling new field of 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. 
   
  Over the last two decades, psychologists and neuroscientists have uncovered
many cognitive forces that operate beyond our conscious awareness. Until we address these hidden biases head-on,
Benforado argues, the social inequality we see now will only widen, as powerful players and institutions find ways to
exploit the weaknesses of 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 legal
system’s dysfunction and proposes a wealth of practical reforms that could prevent injustice and help us achieve
true fairness and equality before the law.
  
  PRAISE
  “In this important, deeply
researched debut, [Benforado] draws on findings from psychology and neuroscience to show that police, jurors, and judges
are generally guided by intuitive feelings rather than hard facts in making assessments…The new research
challenges basic assumptions about most key aspects of the legal system, including eyewitness memory, jury
deliberations, police procedures, and punishment…An original and provocative argument that upends our most
cherished beliefs about providing equal justice under the law.”
  —Kirkus Reviews, starred
  
  “This book suggests that criminal justice in the United States is not a system at all but a set of
dysfunctional units that deliver biased decisions that make society less safe. Benforado deftly analyzes actual cases
and recent studies in psychology and neuroscience to argue for broad-based reforms…A stimulating critique of
today’s criminal justice system with applications to recent cases in Ferguson, MO, and
elsewhere…Authoritative and accessible.”
  —Library Journal, starred
  
 
“…a well-documented eye-opener.”
  —San Francisco Book Review 
  
 
“Unfair succinctly and persuasively recounts cutting-edge research testifying to the faulty and inaccurate
procedures that underpin virtually all aspects of our criminal justice system, illustrating many with case
studies.”
  —The Boston Globe
  
  “In Unfair, [Benforado] argues that most errors in
criminal justice stem from the failure to take into account the frailties of human cognition, memory and
decision-making…this is a book everyone in the legal profession should read, and the rest of us too, for it is as
much about the confounding idiosyncrasies of everyday behaviour as inequity in law.” 
  —New
Scientist
  
  “As gripping as a Grisham novel, only it isn’t fiction. With captivating cases and
razor-sharp science, Adam Benforado puts the justice system on trial and makes a bulletproof argument that it’s
fundamentally broken. This extraordinary book is a must-read for every judge, lawyer, detective, and concerned citizen
in America.”
  —Adam Grant, Wharton School of Business, and author of Give and Take 
  
 
“In Unfair, Adam Benforado makes us aware of all our many imperfections when it comes to the judgment of others in
our midst. He does so gently and with astonishing knowledge. Learning so much about our subconscious biases and the
judicial system that exploits them is fascinating–and deeply troubling. But he goes further: he offers obtainable
solutions, ones that we should race to effect, both within our own minds and in the human fates on which we bring our
minds to bear.”
  —Jeff Hobbs, author of The Short and Tragic Life of Robert Peace
  
 
“Adam Benforado has written a book that will make you rethink everything you believe about crime and punishment.
He gracefully blends science and storytelling to make a powerful case that our failure to bring the realities of human
psychology into the courtroom has led to profound injustice. Enthralling and unsettling in equal measure, Unfair might
be the most important book you read this year.”
  —Daniel H. Pink, author of Drive
  
 
“This thoughtful and penetrating study raises many deeply troubling questions, and even more important, offers
humane and very reasonable approaches to cure some of the ills of a system of ‘criminal injustice’ that
should not be tolerated.”
  —Noam Chomsky, Professor Emeritus, MIT
  
  “Systems of
justice are built by human brains. As such, they’re subject to all the foibles of human psychology, from biased
decision-making to xenophobia to false memories. With the eye of a scholar and the ear of a storyteller, Benforado
marshals the burgeoning research to illuminate the nexus between law and the mind sciences.”
  —David
Eagleman, Director of the Initiative on Neuroscience and Law, and author of Incognito
  
  “Unfair is
beautifully written, painstakingly researched, profoundly illuminating, and deeply disturbing. As evidence mounts that
our criminal ‘justice’ system abounds with injustices, Benforado lays bare the systemic and psychological
sources of its failures, weaving together compelling narrative and recent insights from the mind sciences. Unfair is
must reading for anyone who cares about justice and, more important, for anyone who does not.”
  —Jon
Hanson, Alfred Smart Professor of Law, Harvard Law School, and Faculty Director of the Project on Law and Mind Sciences
and the Systemic Justice Project
  
  “Unfair is a beautifully written book that manages to be both
engrossing and important–a fascinating blend of psychological insight, legal know-how, and compelling
storytelling. If you’ve ever wondered why the legal system doesn’t work as well as it should,
Benforado’s intelligent take on the relationship between human psychology and the law will enlighten
you–and leave you hopeful that we’re capable of doing better.”
  —Adam Alter, NYU Stern
School of Business, and author of Drunk Tank Pink 
  
  “Unfair is an engaging, eye-opening read. By
weaving together the latest findings in psychology and neuroscience with real-world stories of justice gone wrong,
Unfair sheds new light on how easy it is for unconscious biases to wreak havoc on the criminal justice system and the
steps that can be taken to make the system fairer.”
  —Sian Beilock, University of Chicago Professor
of Psychology, and author of Choke and How the Body Knows Its Mind
  
  “Unfair is an incisive look at
the problems that arise in the legal system because of the way people think as well as the prospects for meaningful
reform. Adam Benforado has written an engaging and masterful book on one of the most important issues society has to
face.”
  —Art Markman, Professor of Psychology, University of Texas, author of Smart Thinking and
Smart Change
  
  “In this provocative critique of the American criminal justice system, Adam Benforado
demonstrates beyond a reasonable doubt that unfair outcomes aren’t tragic exceptions–they’re the
rule, and human psychology is to blame. Bringing together cutting-edge research with insights from real life cases,
Benforado shows us how our hidden biases undermine our guarantee of fairness and equality under the law, and offers
much-needed solutions.”
  —Philip Zimbardo, author of The Lucifer Effect 
  
 
“It’s surprisingly easy to look back at high-profile criminal proceedings and see the flaws, while taking
the overall system for granted. Adam Benforado looks across the whole canvas, elucidating through empirical data and
scientific research how our own legal structures measure up–or, more accurately, don’t–to our
values of justice and fairness. Criminal law in the United States is far from perfect, and Benforado’s thorough,
thought-provoking examination is a welcome step in identifying and preventing institutionalized injustice.”
 
—Jonathan Zittrain, George Bemis Professor in Law, Harvard Law School
  
  “In this fascinating
book, Adam Benforado sheds new light from just about every angle on our criminal justice system. Practitioners, policy
makers and everyday citizens will learn much about a subject that demands greater public debate.”
 
—Tom Perriello, former Representative, United States Congress
  
  “Unlike fields such as
economics or philosophy, judicial theory and practice has largely ignored relevant findings about the human mind coming
out of behavioral neuroscience and social psychology. This timely and important book can help us bring our criminal
justice system into the 21st Century.”
  —Edward Slingerland, Co-director of the Centre for the Study
of Human Evolution, Cognition and Culture and author of Trying Not to Try  						

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