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Winter 2009

Book'em
By: Eric Assur

Book Review
Indefensible: One Lawyer’s Journey into the Inferno of American Justice

276 pages, hardback  2006
David Feige
Little, Brown & Co, New York






Book_Jacket_indefensible

                      
If you were to write a book about your career, or your day at work, what might you write about the judge, superintendent, supervisor or director? Well, listen to what a career Public Defender has to say about judges (good and bad), probation officers, prosecutors, corrections staff and others associated with criminal justice in Bronx, New York.  He does not mince words or protect anyone by using made up names. For example, on page 208, Judge Harold Adler is “one of the completely unpredictable judges.  Almost anything could happen in his court. Adjudication in his court is a crapshoot. Gnomish and wild eyed, with a scraggly salt and pepper beard and crazy, unkempt hair, Adler has moments of intense decency that are regularly followed by bouts of ferocious irrationality and utter implacability that can make him one of the least pleasant judges to appear before.”  Court staff and lawyers simply “don’t have a clue as to what sets him off.”   Hopefully, nothing in this book will remind you of a Roanoke, Richmond or Radford court or even the disparity between courtroom A or B or C in your courthouse.

In another courtroom with another Public Defender case on the same day is Judge R. Rivera. The Honorable R. Rivera, a judge who “could be trouble” is referred to as a character out of Star Trek. He “was all about appearances” and seemed to conclude “based on the clothing alone that the kid was guilty or menacing.”  Moreover, “the  transcripts of his cases were monuments to the stupidity of his insistent need for explanation.”

This ‘journey’ is a tale of  one day offered by a career public defender who graphically shares what he does to balance the system, to offer honest defense for the indigent defendant fighting against  the all powerful prosecutor and the unlimited police support that accompanies any arrest, regardless of how minor. This book can both entertain and educate.  The entertainingstyle is similar to that in watching CSI, NCIS, House, Dirty Jobs, or other ‘job’ shows.

Indefensible is more than another lawyer book. It tells cop stories better than those on the COPS reality TV show. The ‘good guy’ police and some not so nice gang cops / narcotics cops are highlighted. Just as with the judges, many of the other actors in the drama of an urban criminal court are most honorable and true preservers of the peace. Others are, well, perhaps ‘evil’ might be an apt term. Some remind this author of  Judge Diane Kiesel, the judge who doles out punishment “with an undertakers glee.” Feige offers a believable, if not frustrating, account of what is referred to as the “underbelly of a system out of control”.  Certainly the place where you work is nothing like the court system in N.Y., L.A., Chicago or other big cities. However, the public defender’s role is the same. The Virginia public defenders role is well outlined at http://www.publicdefender.state.va.us/    

Perhaps you will better understand your Assistant Commonwealths Attorney and the  public defender after reading Indefensible. This is not a book that is needed in your office, JDH, JCC or other agency library. But, it may be an enjoyable quick read. The book can raise your level of sensitivity as to how we both protect and affect the lives of the citizens. Feige rants about the harm we can cause. He talks about evil.  Being more aware of the ‘do no harm’ creed of all of our jobs might not be a bad ‘take away’ after spending a bit of time with this book.

The opinions expressed in the Advocate are those of the authors and do not necessarily represent the members or the Board of Directors.

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is a quarterly publication of the Virginia Juvenile Justice Association (VJJA) - www.VJJA.org
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