In "Doing Justice," Preet Bharara, former U.S. Attorney for the Southern District of New York, offers a compelling look into the inner workings of the American justice system. Drawing from his extensive experience as a prosecutor, Bharara provides valuable insights into the complexities of law enforcement, the challenges of seeking truth, and the importance of upholding justice in a democratic society.
The book is divided into four main sections, mirroring the stages of the criminal justice process: Inquiry, Accusation, Judgment, and Punishment. Through each of these stages, Bharara explores the nuances and dilemmas faced by those working within the system, from investigators and prosecutors to judges and jurors.
Part I: Inquiry
The Importance of Committed Investigators
Bharara begins by emphasizing the critical role of committed investigators in the pursuit of justice. He argues that finding the truth is rarely as simple as popular expressions like "connect the dots" or "follow the money" might suggest. Instead, it requires dedication, perseverance, and an unwavering commitment to uncovering the facts.
One of the key qualities Bharara highlights in a good investigator is the ability to withhold judgment. He shares a personal anecdote about the Menendez brothers' case, where his friend Jessica initially couldn't believe that the brothers had murdered their parents. This experience taught Bharara an important lesson: one can never be completely sure of what someone else is capable of, and it's crucial to approach each case with an open mind.
Bharara also stresses the importance of a strong work ethic in investigators. He tells the story of Kenny McCabe, a legendary "mob buster" known for his meticulous and detailed work. McCabe's approach to investigation involved painstakingly collecting evidence piece by piece, building solid cases that even the mobsters he caught respected.
The Need for Reappraisal and Questioning Assumptions
Another crucial aspect of effective inquiry, according to Bharara, is the willingness to reappraise evidence and question assumptions. He illustrates this point with the case of the 2004 Madrid train bombings, where initial fingerprint evidence led to the wrongful accusation of an American lawyer, Brandon Mayfield.
Despite multiple expert confirmations of the fingerprint match, the Spanish National Police eventually identified a different suspect. This case serves as a stark reminder that even seemingly ironclad evidence like fingerprints can be fallible, and investigators must always be open to reconsidering their conclusions.
Bharara emphasizes the importance of routinely questioning processes and procedures. He shares an example from his own experience dealing with insider trading cases, where asking "Why aren't we using wiretaps?" led to a significant change in how these cases were investigated.
Humane Questioning and Gaining Cooperative Witnesses
When it comes to questioning witnesses, Bharara advocates for a humane approach. He argues that aggressive tactics are often less effective than empathy and understanding. To illustrate this, he recounts the story of investigator Steve Braccini, who successfully got a reluctant witness to cooperate in a case involving a guard beating an inmate to death at Rikers Island Penitentiary.
Braccini's approach involved carefully studying the potential witness's background and finding common ground to build rapport. This strategy proved crucial in breaking through the "code of silence" that often exists among law enforcement officers.
Part II: Accusation
The Weight of Accusations
Moving into the accusation phase, Bharara underscores the gravity of charging someone with a crime. He notes that an accusation can have life-altering consequences for the accused, even if they are ultimately exonerated. Therefore, prosecutors must approach this phase with utmost care and consideration.
Bharara stresses the importance of deliberation without predetermined notions of outcome. He shares a personal anecdote from his time overseeing high-profile cases against two powerful New York politicians. When he heard that someone in his office was worried about "pissing off" the boss if they couldn't make a case, Bharara immediately called a meeting to clarify that he expected no specific outcome – only thorough and honest work.
Balancing Evidence and Public Threat
Prosecutors often face challenging decisions when balancing the strength of evidence against potential public threats. Bharara illustrates this dilemma with the disturbing case of Gilberto Valle, a police officer accused of plotting to kidnap, torture, and eat women.
The case raised complex questions about the line between fantasy and genuine threat. While Valle had engaged in disturbing online conversations and conducted suspicious internet searches, he had not taken concrete steps to carry out his alleged plans. Bharara's team ultimately decided to charge Valle due to concerns about public safety, even though they lacked some of the evidence they would have preferred to have.
This case highlights the difficult judgments prosecutors must make, weighing the risk of potentially letting a dangerous individual go free against the possibility of charging someone for thoughts rather than actions.
Part III: Judgment
Preparing for Trial
As a case moves to trial, Bharara emphasizes the importance of thorough preparation and maintaining a commitment to truth and justice, even when it might not support the chances of winning. He illustrates this principle with the case of SueAnn, a sex worker who was robbed and assaulted in the Bronx.
Despite SueAnn's complicated background, which included mental illness and drug abuse, Bharara's office took on her case when local authorities declined. They not only found compelling evidence to support her claims but also honored her wish to testify in court, recognizing that for SueAnn, justice meant having her day in court and being heard.
Understanding Judges and Preparing Both Sides of the Case
Bharara advises lawyers to always research the judge assigned to their case, as judges, like everyone else, have their own personalities and tendencies. He uses the example of Judge T.S. Ellis III in the Paul Manafort trial to show how a judge's behavior can impact proceedings and how lawyers must be prepared to address any imbalances.
Additionally, Bharara stresses the importance of preparing the other side's case. He shares the example of the corruption case against New York Republican Senate majority leader Dean Skelos, where his team conducted a mock trial to test potential defense strategies. This preparation helped them anticipate and counter the defense's arguments effectively.
Part IV: Punishment
The Challenges of Fair Sentencing
When it comes to sentencing, Bharara acknowledges the difficulty in determining what constitutes a fair punishment. He illustrates this challenge with the case of Carlina Renea White, who was kidnapped as an infant and raised by her abductor for 23 years.
The case raised complex questions about appropriate punishment. While the minimum sentence for kidnapping a non-relative child was 20 years, the judge ultimately gave the kidnapper 12 years, considering factors such as her history of miscarriages and mental illness. This decision left Carlina's biological parents unsatisfied, highlighting the often subjective nature of "justice" in sentencing.
The Need for Prison Reform
Bharara argues that anyone who believes in justice should be concerned about prison reform. He points out the dehumanizing conditions in many prisons and how they can lead to cruel behavior from both inmates and guards.
To illustrate the dire state of some correctional facilities, Bharara discusses Rikers Island Penitentiary, where there are more people with mental illness than in all 24 New York State psychiatric hospitals combined. He recounts the tragic case of Jason Eschavarria, an inmate who died after swallowing toxic chemicals and being denied medical assistance by a guard.
While Bharara's office recommended various reforms for Rikers, he acknowledges that these changes have done little to alter the persistent culture of violence. He suggests that more radical solutions, such as completely rebuilding the facility, may be necessary.
Conclusion: Beyond the Law
In his conclusion, Bharara reflects on the limitations of the law and the importance of human qualities like compassion and forgiveness in truly improving society. He shares the story of Rais Bhuiyan, a victim of a post-9/11 hate crime who forgave and campaigned for the release of his attacker from death row.
Although the attacker, Mark Anthony Stroman, was ultimately executed, Bhuiyan's compassion had a profound impact on him, leading Stroman to express remorse and speak out against hate in his final moments. Bharara uses this example to illustrate that while the law is an essential framework for justice, real change often comes from human qualities that lie beyond legal boundaries.
Key Themes and Lessons
Throughout "Doing Justice," several key themes and lessons emerge:
Commitment to Truth: Bharara repeatedly emphasizes the importance of a steadfast commitment to uncovering the truth, regardless of preconceived notions or desired outcomes.
Open-mindedness: The book stresses the need for investigators and prosecutors to remain open-minded, willing to question their assumptions and reappraise evidence when necessary.
Humane Approach: Bharara advocates for a humane approach in all aspects of the justice system, from questioning witnesses to treating prisoners.
Ethical Responsibility: The book underscores the ethical responsibilities of those working in the justice system, including the use of discretion in prosecution and the need to balance public safety with individual rights.
Complexity of Justice: Through various case studies, Bharara illustrates the often complex and nuanced nature of justice, particularly when it comes to sentencing and punishment.
Systemic Issues: The book doesn't shy away from addressing systemic issues within the justice system, particularly in prisons, and calls for reform.
Human Element: Ultimately, Bharara argues that while the law provides a crucial framework, true justice and societal improvement often depend on human qualities like compassion, forgiveness, and dignity.
Detailed Exploration of Key Concepts
The Art of Investigation
Bharara delves deep into the intricacies of effective investigation, drawing from his extensive experience overseeing complex cases. He emphasizes that good investigators must possess a unique combination of skills and qualities:
Attention to Detail: Like the legendary Kenny McCabe, investigators must be meticulous in their approach, leaving no stone unturned.
Patience: Building a solid case often takes time. Rushing to conclusions can lead to mistakes and injustice.
Skepticism: While it's important to follow leads, investigators must also maintain a healthy skepticism, constantly questioning their assumptions and the reliability of their evidence.
Empathy: As demonstrated in the Rikers Island case, the ability to connect with witnesses on a human level can be crucial in obtaining cooperation and uncovering the truth.
Adaptability: Investigators must be willing to adapt their methods and thinking as new information comes to light.
Bharara also discusses the importance of teamwork in investigations. He notes that different team members often bring diverse perspectives and skills, which can be invaluable in piecing together complex cases.
The Ethical Prosecutor
Throughout the book, Bharara paints a picture of what he believes constitutes an ethical prosecutor. This includes:
Commitment to Justice, Not Conviction: Prosecutors should focus on achieving justice, even if it means not pursuing a case or recommending leniency.
Transparency: Bharara advocates for openness with defense attorneys, including sharing potentially exculpatory evidence.
Discretion: Knowing when not to prosecute is as important as knowing when to press charges.
Humility: Recognizing that mistakes can happen and being willing to admit and correct them.
Consideration of Consequences: Ethical prosecutors must consider the broader implications of their actions, including the impact on families and communities.
He illustrates these principles through various cases, showing how adherence to these ethical standards can lead to more just outcomes, even if they don't always result in convictions.
The Complexities of the American Justice System
Bharara doesn't shy away from addressing the complexities and flaws within the American justice system. He discusses several challenging aspects:
Racial and Socioeconomic Disparities: While not the central focus of the book, Bharara acknowledges the existence of systemic biases that can affect how justice is administered.
Plea Bargaining: He explores the pros and cons of the plea bargaining system, which resolves the majority of criminal cases in the U.S.
Mandatory Minimum Sentences: Bharara discusses how these can sometimes lead to unjust outcomes, tying the hands of judges who might otherwise consider mitigating circumstances.
The Role of Politics: He touches on how political pressures can sometimes influence the justice system, particularly in high-profile cases.
Resource Disparities: Bharara notes the often vast difference in resources between prosecution and defense, particularly for defendants who can't afford private attorneys.
Through these discussions, Bharara presents a nuanced view of the system, acknowledging its strengths while also pointing out areas that need improvement.
The Human Element in Justice
One of the most compelling aspects of "Doing Justice" is Bharara's emphasis on the human element in the pursuit of justice. He repeatedly returns to the idea that while laws and procedures are crucial, true justice often depends on human qualities like empathy, forgiveness, and moral courage.
This is perhaps best illustrated in the story of Rais Bhuiyan, the hate crime victim who forgave and advocated for his attacker. Bharara uses this example to show how transformative these human qualities can be, even in the face of horrific crimes.
He also applies this human-centered approach to his discussion of reform, particularly in the prison system. Bharara argues that treating prisoners with dignity and providing opportunities for rehabilitation not only serves the cause of justice but also benefits society as a whole.
The Role of Discretion in Law Enforcement
Bharara dedicates significant attention to the concept of discretion in law enforcement and prosecution. He argues that discretion is a crucial tool in ensuring that the letter of the law doesn't overshadow its spirit.
He provides several examples where strict adherence to the law might have led to unjust outcomes, such as the case of "Harry," the prisoner who broke out of a minimum-security prison for a rendezvous with his wife. In this instance, the jury used their discretion not to indict, recognizing that the circumstances didn't warrant harsh punishment.
However, Bharara also warns of the potential for abuse when discretion is applied inconsistently or with bias. He advocates for a thoughtful, principled approach to discretion, one that considers the unique circumstances of each case while still maintaining overall fairness and consistency in the application of the law.
The Importance of Institutional Integrity
Throughout the book, Bharara emphasizes the critical importance of maintaining institutional integrity within the justice system. He argues that public trust in the system is fundamental to its effectiveness and to the stability of a democratic society.
To this end, he discusses several key principles:
Independence: Law enforcement and the courts must remain independent from political influence.
Transparency: While some aspects of investigations must remain confidential, overall transparency in the justice process is crucial for maintaining public trust.
Accountability: Those working within the system must be held accountable for their actions, including admitting and correcting mistakes.
Continuous Improvement: Bharara advocates for a culture of continuous learning and improvement within justice institutions.
He illustrates these principles through various cases and personal anecdotes, showing how adherence to these values can strengthen the justice system and increase its effectiveness in serving society.
Practical Applications
While "Doing Justice" is primarily a reflection on the American justice system, it offers several insights that can be applied more broadly:
Critical Thinking: Bharara's emphasis on questioning assumptions and reappraising evidence is valuable in many fields beyond law enforcement.
Ethical Decision-Making: The book provides a framework for making difficult decisions when faced with competing priorities or unclear outcomes.
Leadership: Bharara's approach to managing his team, emphasizing integrity and commitment to principles over specific outcomes, offers lessons for leaders in various fields.
Communication: The book highlights the importance of clear, empathetic communication, particularly when dealing with sensitive or high-stakes situations.
Problem-Solving: Many of the investigative techniques described can be adapted to problem-solving in other contexts.
Personal Growth: Bharara's reflections on learning from mistakes and maintaining humility provide valuable lessons for personal development.
Conclusion
"Doing Justice" is more than just a behind-the-scenes look at the American justice system. It's a thoughtful exploration of what justice means in a complex, often messy world. Bharara presents a vision of justice that goes beyond mere adherence to the law, emphasizing the importance of integrity, empathy, and human dignity.
Through a series of compelling case studies and personal anecdotes, Bharara illustrates the challenges faced by those working within the justice system. He doesn't shy away from addressing the system's flaws and areas for improvement, particularly in the realm of prison reform.
At the same time, he presents a cautiously optimistic view of the system's potential. He argues that while the law provides an essential framework, true justice often depends on the actions and qualities of the individuals working within that framework.
Ultimately, "Doing Justice" is a call to action. It challenges readers to think critically about what justice means and how it can be best served in their own lives and communities. Whether you're a legal professional, a policymaker, or simply a concerned citizen, Bharara's insights offer valuable food for thought in our ongoing societal conversation about justice and the rule of law.
The book serves as a reminder that justice is not an abstract concept, but a living, breathing thing that requires constant attention, care, and sometimes, reform. It's a responsibility shared by all members of society, not just those directly involved in the legal system.
In the end, Bharara's message is clear: while the pursuit of justice is often difficult and complex, it is also one of the most important and noble endeavors we can undertake as a society. By striving for a justice system that is fair, humane, and truly just, we can hope to create a better world for all.