The Truth About Crime: Sovereignty, Knowledge, Social Order. By Jean Comaroff and John L. Comaroff. Chicago: University of Chicago Press, 2016.
Published date | 01 December 2017 |
DOI | http://doi.org/10.1111/lasr.12301 |
Date | 01 December 2017 |
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trial), and accepting a sentence of up to 360 days. In this high-
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volume court where efficiency is paramount, Lynch describes
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observing a defense attorney joking with his client about pointing to
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“si” or “no” on a piece of paper so the client would know the
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“correct” answer to the judge’s questions. In one of many potent
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anecdotes that animate the text, Lynch notes that upon hearing this
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quip, everyone in the room laughed.
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The implications of such observations point to where the book
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could have offered more in the way of analysis. Although Lynch
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conducts 63 formal interviews and 12 shorter informal interviews,
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Hard Bargains does not offer any systematic analysis of this valuable
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qualitative data. As a result, an opportunity is missed to methodi-
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cally bring to light the meaning state actors assign to their roles,
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practices, and decisionmaking. Given the paucity of scholarship on
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federal case processing, such analysis could be quite revelatory.
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Nonetheless, Hard Bargains engages well with a perennial and
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problematic gap in the literature on decisionmaking in the criminal
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justice domain. Accessing prosecutorial decisionmaking is notori-
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ously difficult as is obtaining systematic data about case processing
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or sentencing that includes information about the judge. Lynch’s
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approach tackles both problems with notable success.
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Overall, what Lynch powerfully demonstrates is how, in myriad
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ways, there actually is no functional check on prosecutorial power.
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Her work therefore raises the pressing question of how to effect
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change. Although she concludes with some perspectives on how
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deeply entrenched this power is and provides some specific recom-
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mendations for change (e.g., reducing statutory maximums), Lynch
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has made quite clear the difficulty of disentangling the substance
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and process of law. About this truth, one of the most disheartening
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epilogues in a scholarly book you are likely to encounter leaves no
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doubt. It follows that the outrage will continue. But, hopefully, so
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will such distinguished scholarship.
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The Truth About Crime: Sovereignty, Knowledge, Social Order. By Jean
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Comaroff and John L. Comaroff. Chicago: University of Chicago
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Press, 2016.
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Reviewed by Dolly Kikon, School of Social and Political Sciences, The
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University of Melbourne
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In their most recent book, anthropologists Jean and John L.
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Comaroff consider how crime and policing have transformed
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