Early on in Crook County it became apparent that the author was trying to impress someone. Buzzwords are thrown around with reckless abandon. My guess is she intended the book for an academic audience and not mass market. That is the least of my concerns with her book though.
Early on Van Cleve makes it clear that she thinks racism is rampant in Cook County. She’s probably right. But she finds it in the most mundane of things. She’ll throw racism or racist in front of other words, with little to no evidence to back up her claim of racism. One of her first examples of “racism” is the line system at the Cook County courthouse located at 26th and California. It is racist because staff doesn’t have to go through security, while members of the public are required to go through an intrusive security process with guards who are mean. She describes it as a “depression era breadline” and says that “[t]his visual of a black and brown entrance and a separate entrance for whites was my first clue of a double system of justice[.] Page 16. The first problem with this claim is that she is a self described person of color, who admits to using the staff entrance. Second, there so many non-racist reasons why the security would allow staff in through a separate entrance from the general public. The fact that most of the general public happens to be people of color points to racism elsewhere in the system, but not in the courthouse. There are many problems with the security theater that goes on at many courthouses and airports. Guards that are surly for seemingly no reason, security systems that are at best ineffective, and a security process that is unnecessarily intrusive. But this is not an example of racism. She’s walked into the building trying to find racism.
The very next page she describes the staff as an “all-white cast.” A bold claim for which the statistics that she then provides don’t back up. 84% of state’s attorneys, 69% of public defenders and 74% of judges are white. Beyond the fact that those numbers don’t back up her claim of an “all-white cast” they might be an example of a courthouse that is more white than most. Except it isn’t. ABA numbers for 2012 report that 88% of attorneys were white. While that presents a large numbers of issues, it shows that Cook county is actually ahead of the curve here. Were 17 pages in at this point and I really want to give up on this book. It would have been my third quite book in a row though, so I powered through.
On page 19 she makes an observation so stupid I had to set the book down and come back to it later. She observes that the lawyers call the courthouse “26th and Cal” instead of “the courthouse.” To her credit, she doesn’t describe this as an example of racism, but she takes the time to note this for some reason. For those who are not familiar with the Cook County system, there are five separate courthouses. Saying 26th and Cal is not some weird thing that is done, it is how you can be unambiguous about where you are going.
Her book is based off of her own observations at an intern with the State’s Attorney’s office, as well as interviews and observations by court watchers. She has some legitimate examples of racism occurring for the court watchers. Minority court watchers are treated as though they are defendants, while white court watchers are treated like aliens who got lost on their way to mars. This is a problem, but she offers no solutions or ideas for how to fix the problem.
She also takes issue with members of the Public Defender’s office and State’s Attorney’s office being friendly with one another in court. Many court watchers seem dismayed by this as well. Some noted that they had the gall to joke with each other. I understand why members of the public might see this as a problem, but cannot understand how someone who worked with the State’s attorney’s office could see this as a problem. Attorneys must be able to differentiate their personal and professional lives. If we did not, we’d have no friends in the bar and live even more miserable lives than we currently do. I’m friends with some state’s attorneys, dislike others, and don’t know some others. But it doesn’t matter who I’m against in court, I’m going to be professional with them regardless of our personal relationship. When I was a public defender I was stuck in a courtroom with the same State’s Attorneys for 8 hours a day. Regardless of my feelings for them, you better believe we joked with each other at times. You have to in order to remain sane. Lastly, defense attorneys who have good relationships with State’s Attorneys get better results for their clients. Not because they State’s Attorney gives them favors, but because the Defense attorney knows what the State’s attorney is like, what issues get them upset, and what can be done to obtain a better deal from them.
After this she moves on to talk about the word “mope.” Mope is a word that is used by attorneys in Cook County to describe some defendants. I’ve heard the word used on occasion while a public defender. When I heard it, it was to describe the frequent flyers in the system. A mope v. mope crime described a situation where both the defendant and victim had significant records, and it was pretty unlikely that the victim was going to show up for court or cooperate with the State. I’ve never heard the term used in a racist way. The first example of someone being called a mope was about a white guy. For someone who is looking for racism, and finding it everywhere, I’m not surprised that this is another example of racism to her.
She takes the mope concept and broadens it into a discussion of the “us vs. them” mentality that the attorneys, both PDs and SAs have. This is a legitimate point. I’ve been there. This isn’t an example of racism though, this is an example of a system that is overburdened. PDs and SAs with caseloads that are too high start feeling this way after a while. To defend them a bit though, it isn’t as though they are dealing with the best and brightest that society has to offer.
She second guesses the decisions of public defenders on a regular basis. One public defender is horrible because he refers to a man as a “redneck.” This is racist because in her mind “redneck” is the white equivalent of the n-word. The fact that I wrote “n-word” and not the actual word, but had no problem writing “redneck” should be a clear example of why that isn’t true. Moving on to the actual point, she is unhappy with the redneck’s attorney because he doesn’t request a “mental fitness evaluation.” She’s seen this person in court once, interviewed his attorney, and she knows he needs a mental health evaluation. She later reveals that this attorney has represented this client multiple times since he was a juvenile. This was his third offense as an adult. Beyond not asking for the evaluation, the attorney is bad for using the phrase “I understand where you are coming from” when the prosecutor refuses to give a lower plea offer. She thoughtfully translates what the defense attorney actually meant, “My client is a mope who is undeserving.” Throughout the book she takes issue with defense attorneys who don’t take everything to trial, or who acknowledge that their clients are anything other than upstanding citizens who were clearly wrongfully accused of their crimes. The poor redneck’s attorney was so awful that her “I see where you are coming from” approach to plea negotiations resulted in getting one year knocked off the plea offer. She wants people who are served shit sandwiches to eat them with delight. If I told the State’s Attorney that every single one of my clients was perfect and innocent, they would ignore me. She doesn’t understand that defense attorneys don’t just seek to establish innocence, more often than not they seek to mitigate the damage done by their clients.
Her worst example of bad mouthing effective defense attorneys deals with an attorney who has a client who won’t take the plea offer on the table. This attorney brutally says something like ���I know you want to string him up, but I don’t want to waste my time taking this loser of a case to trial, so please give me a plea offer my client will take.” This is bad for two reasons. First, the phrase “string him up” is apparently racist. Second, the fact that it obtained a 6 month reduction in the sentence and the defense attorney’s client took that offer is wrong because it is about the defense attorney, instead of the client. The defense attorney should have instead said “my client is amazing, his shit smells like roses, he’s not guilty and there is no way you can prove it at trial despite all of the clear evidence establishing his guilt beyond a reasonable doubt.”
Later she gets mad at a defense attorney because he doesn’t bring up hyper-policing or inadequate re-entry services when discussing a plea in a self described garden variety dime-a-dozen case. Later she comments that in all her time seeing plea negotiations she didn’t see people bring up caselaw, or fight to establish their client’s innocence. I’ve never brought up caselaw in a plea negotiation. Caselaw comes up in a “hey this case says you have to dismiss this” type of negotiation. Plea negotiations occur when your client is going to plead guilty. This is again another example of her failure to understand that much of what defense attorneys do is mitigate.
One defense attorney is mean because she yells at her client after he lies to her. This defense attorney is further awful because she doesn’t pass along the defendant’s note to the judge that essentially says “I am not guilty.” A note in a case where the defense attorney has explained that she is going to file a Motion to Suppress, even though the caselaw she is relying on is dicey at best. Does she seriously think it would be appropriate for a defense attorney to give a judge a note written by a defendant? Does she seriously think it would do anything if the attorney did give to the judge?
She seems to have a strong distaste for levity and humor anywhere near the courthouse. During a plea conference with a judge a defense attorney was successful in getting a plea reduced. After they finished, the judge said, during a humorous exchange, that “the next guy is going to get it.” I believe the author really believes that the judge was serious and was going to actually punish the next person worse because of the generous offer that was given. While I don’t doubt that might happen sometimes, I am 100% sure that this judge was joking. If he was actually going to do that, he wouldn’t have said it.
She doesn’t just dislike what the defense attorneys do though. The State’s Attorneys are inept as well. Beyond the racist charging decisions they make (an area that is almost completely overlooked in this book), the real problem is that they know that the laws are unfair, but continue to enforce them. One SA had a Maya Angelou quote in her office “When you know better, you do better.” But this SA failed to live up to this quote because she still prosecuted a case with a penalty the prosecutor felt was too harsh. Van Cleve writes that this SA “could narrate thoughtful critiques of the law and whether it provided justice or not but practiced the law in another manner entirely.” Page 133. What actually happened here is this attorney did her job. Assistant State’s Attorneys are given the job of prosecuting the law, as it is written. This attorney did exactly what she should do. She behaved as a professional. She disagreed with the law, but followed it, as her job and the law require her to do.
Chapter 4 is the best chapter in this book. This chapter takes on the State’s Attorneys office for prosecuting cases with known racist cops. They can, and should, do more to ensure justice is done. That means doing something about clear racism coming from the police. More of the book she have been on this subject. Racism in the system starts with where the police patrol, who they arrest, and what charges they recommend. A topic she neglected.
Throughout the book she does not provide nearly enough details of the cases she describes to accurately determine in the conclusions she is drawing are supported by the evidence. In one example she talks about two cases that she believes are nearly identical. In one the defense attorney just tells the person to take the plea. In the other the defense attorney seems to want to help the defendant more. She decides that the reason the PD wants to help the second client more is because he is wearing Calvin Klein brand glasses. Even if I accept that the two cases were actually identical, I highly doubt any public defender is going to be swayed by name brand glasses. Calvin Klein isn’t even an amazing brand of glasses, you can get them anywhere.
Judges and prosecutors are big meanies because they aren’t nice to the pro se. She writes “the pro se defendant is not just asking to participate but wants to participate as an equal.” Page 177. I don’t care what they want, they aren’t going to be equals. The pro se are idiots. It is never a good idea to represent yourself.
She doesn’t like it when anyone is mean to a defendant. One example is a defendant who interrupts his attorney to say that he doesn’t want a 402 conference as the defense attorney claims, he actually wants a 401 conference. 401 conferences aren’t things, he did want a 402 conference. She takes issue with the defense attorney rebuking his client for doing this.
This was a frustrating book to read. I stopped frequently to take notes on everything that she said that was just plain wrong. I ended up with 9 pages of handwritten notes. She had a very interesting topic, and totally botched it. Instead of presenting any real evidence, she presented her conclusions based on her full of herself observations. Seriously at one point she says “I am the record.” She walked into the building wanting to see racism, and she found racism everywhere it wasn’t.