Courts of Law Not Courts of Justice: Why Justice is Hard to Find in America

by Eric D. Oberer

What if I told you that the American criminal justice system has never been about, is not set up to seek out, and is not equipped to find, justice –- at least “justice” as understood by most? In many ways, it was designed this way by the Founding Fathers based on Benjamin Franklin’s vision that “it is better a hundred guilty persons should escape than one innocent person should suffer.”

Americans are taught that justice means fairness. They expect it from our legal system. “Equal Justice Under Law” is prominently inscribed on the Supreme Court. Yet law and justice in America are not necessarily the same thing. And they are certainly not applied in equal ways.

The disconnect between these realities and what Americans are taught about justice has led to great strife in our society. But what if everyone grew up understanding the limitations of our justice system, yet understood what it is striving to achieve? Through the Revolutionary War, historic cases, civil unrest, Broken Windows law enforcement, corrupt police and attorneys, and jury bias, the lens through which you see the American justice system is about to change, all as told by former Baltimore prosecutor –- Eric Oberer. It is time for a paradigm shift…

188 pages, Paperback

Published April 11, 2023

Reviews

[Thomas Kiley · Rating 3 out of 5]

I am torn on this book. I was curious about the argument Oberer makes in the book, specifically that our justice system is built not to deliver "justice" but to follow the rule of law that may result in seemingly unjust outcomes. However, this is a book clearly taking the framing of a former prosecutor. Oberer points often to Benjamin Franklin's idea that “it is better a hundred guilty persons should escape than one innocent person should suffer.” But Oberer's perspective is that this is a problem with the system, and maybe that one innocent person should suffer so the hundred guilty people can suffer with them. By characterizing the people our criminal procedure safeguards let free as "bad men" it makes it easier to argue that these safeguards are dangerous and stand in the way of justice. Except our Miranda rights, our right to a speedy trial, our right to an attorney and against self incrimination all serve to ensure that the playing field is more level for defendants who are not experienced actors in the legal system and who are innocent until proven guilty (by the state) [I should note that I am a law student attending the same law school the author graduated from]. This is a book written by a prosecutor, and I do not think every point Oberer makes is wrong, but I do recognize that he and I have different perspectives on the criminal justice system. Oberer does point to problems in the past that made criminal justice less effective, like Broken Windows policing destroying community trust, but it all comes from the virus metaphor for structural defects in the system (i.e. we stopped Broken Windows, so things will get better, not that the core of our system is racist, classist, and fundamentally unjust and these minor fixes will not actually solve the core issues of why criminal justice does not work).

Another major issue I have with this book is that it is under researched. There are a few passages where Oberer says something along the lines of "X is probably true," which is not ideal for a nonfiction book, especially when some of those things are verifiable through further research. That is not to say I did not learn anything from this book. Oberer's descriptions of his time at the State's Attorneys office were fascinating in learning about the "War Room" in Baltimore and the challenges from the lack of resources and picking an unbiased jury. But that was only a part of the book. There was also a section introducing the reader to criminal procedure (which was not inaccurate, but definitely oversimplifies how it functions in terms of the exceptions and minimizations of the case law Oberer points to), then Oberer gives brief details of past criminal cases where "justice" was not done, before turning to a brief history of civil unrest in America. It is very readable, but a lot of it feels too surface level to make Oberer's argument effectively.

While I disagreed with the book and had more issues with it, I am also an aspiring attorney who has learned a lot of this material before. If you want a brief introduction to criminal procedure or a gateway into famous cases and riots in American history, then this book is a decent gateway into those fields.
Thank you to NetGalley and Atmosphere Press for a copy of the book in exchange for an honest review.

[Feathered Quill Book Reviews · Rating 5 out of 5]

Courts of Law Not Courts of Justice reveals why justice is impossible to achieve in the American legal system. The book opens with a consideration of the definition of justice. The author, Eric D. Oberer, argues that most Americans are under the impression that the legal system is supposed to find the truth, provide recourse, and offer fairness. But in creating the US justice system, the forefathers’ main concern was protecting citizens from abuse of power. Oberer observes that mass media, a lack of education, and misinformation from political propaganda have all contributed to a collective misperception that the legal system is supposed to deliver justice. Oberer’s purpose in writing this book is to confront and correct this misperception.

The book explores the argument of the forefather’s intentions that the legal system should always be sure that every citizen is extended the same constitutional rights. The foundation of jurisprudence in the United States was established in an atmosphere of rebellion against a tyrannical government. Constitutional rights are meant to assure that innocent people are not punished for crimes they did not commit. Often this assurance translates to instances where it is clear that someone is guilty of a crime, yet they are released from punishment because a technical misstep occurs during the painstaking due process of law. This book offers engrossing examples of famous criminal cases, including Massachusetts v. Lizzie Borden, Ohio v. Sam Sheppard, California v. O.J. Simpson and more. This is sure to appeal to readers who enjoy true crime as seen from a former Baltimore, Maryland, prosecutor’s perspective.

Oberer’s book is informative, not political. The reader will not find rhetoric that sensationalizes or demonizes the justice system here. Instead, this project educates and informs so as to encourage more realistic demands of the United States legal system. Yes, there is consideration of instances when citizens retaliate against unjust police tactics; examples include historically significant riots that broke out spanning from Harlem in 1964, after the murder of James Powell, up until the nationwide protests of the George Floyd murder in 2020. Riotous responses also suggest real miscarriages of justice have less to do with flaws in the legal system and more to do with fundamental biases, racism and discrimination, dirty politics, abuse of power, and flawed theories upon which law enforcement is based. Oberer discusses ways the Broken Windows theory accounts for disparities in justice for wealthier populations versus poorer populations. Based upon this theory, police presence in certain neighborhoods and police crackdown on petty crime have corroded into deep mistrust amongst citizens and law enforcement officers.

Following Oberer’s observations, it’s a mere hair’s breadth to expand his argument to claim that public trust in law enforcement is just as impossible to achieve as is justice in this country. So, this book does not offer much in the way of solutions but offers lots of nourishing food for thought. It’s readable, well-written, accessible and sensible. This is a great book to read as part of a civics curriculum or to be a well-informed citizen.

Quill says: For Americans seeking to confront flaws in the legal system, this book is a must-read.

[Literary Reviewer · Rating 5 out of 5]

Courts of Law Not Courts of Justice: Why Justice is Hard to Find in America is an enlightening book about the criminal justice system in the United States and shows how it affects every citizen. This book is written in a straightforward manner, with the author highlighting and stressing the law, how justice is delivered and the impact it has on the average American. Author Eric D. Oberer reveals to the reader undisclosed issues, the role the justice system plays in delivering fair judgment, the level of integrity in the corridors of justice, and how critical persons and parties set the pace for budding legal minds. This is an illuminating book that clearly explains what ails the American justice system, and what can be done to improve the situation.

There are many things that make Courts of Law Not Courts of Justice a fascinating book. The complex rulings the author provides in the book are among the many items that I found fascinating. Readers are given a clear view of what happens in the courtroom, how the jury arrives at such rulings and why a number of rulings are more complex than others. Some of the rulings that I found to be interesting include Massachusetts v. Lizzie Borden, California Vs. O.J. Simpson, and Florida v. Casey Anthony. There are multiple other minor and major cases discussed in the book, all of which provide many lessons. In all these cases the author gives his unprejudiced opinion, and draws attention to crucial aspects of the cases and the rulings.

Many of the topics in this book are matters that are rarely taught in the classroom. The author gives the reader multiple perspectives, and allows the reader to choose for themselves what they deem is the ideal approach. Eric D. Oberer tackles theories that are not taught in academia, compares them to real life situations and engages the reader while doing it. Apart from learning about disparities in justice, the reader gets a feel of how magistrates, attorneys, and the entire legal framework operates.

Courts of Law Not Courts of Justice will open your mind and get you interested in the criminal justice system. Reading about law and justice has never been more intriguing. The author uses layman language and gives sensible explanations to his opinions. Courts of Law Not Courts of Justice is an informative read that I recommend to readers that are enthusiastic about the law and anyone looking for civic education.

[Janalyn, the blind reviewer · Rating 5 out of 5]

In this book the author explains how our court system is it really set up for justice but actually follows a strict list of rules that doesn’t always equal fairness. The first half of the book is historical court cases that have our most essential rights such as our Miranda rights our rights to a lawyer and many more but then further in the book he goes to explain his main premise of how these are courts of law and not courts of justice. Although we strive hard and theory to make sure everyone’s rights are protected it is true that court or more lenient to those with oodles of money as a post to the poor. I am only thankful that I had an uncle who was the town sheriff and his brother Tosh who was the town judge NBA were overly sensitive to being kind to the less fortunate of any color. They were a great example Ronaldo to man cannot solve the worlds problems I am thankful I come from people who also didn’t contribute to send issues. I love this book and totally agree with that and although I was a little thrown off with the court case about the Vory driver… Only because we Do Not Dr., Lori‘s in America or at least that isn’t what we call them. So at first I thought I was reading a book about Britain’s judicial system I was quickly disavowed of that notion and just thought I would mention it here. I did love this book and thought it was greatly done and I love the way without bias he told the story then let the reader make up their mind that is the mark of a truly talented author I really enjoyed this book and highly highly recommend it. I received this book from NetGalley and atmosphere press but I am leaving this review voluntarily please forgive any mistakes as I am blind and dictate my review.

[Kara book faerie · Rating 5 out of 5]

broken into several easily digestible parts Eric Oberer uses his experience as a prosecutor to discuss the court system uses his knowledge as a prosecutor to discuss the court system. I think that this is a book that everyone looking to get a good introduction to the law should read this: it's concise written in accessible language, legal terms have clearly defined the introduction of Supreme Court cases and what presidents they set is something that All Americans should be familiar with.