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Thanks to “Law & Order” and its countless brethren in the
courtroom drama genre, there’s sort of an aura around courts, judges,
lawyers and criminals. Trials are supposed to dramatically address
pressing legal and moral issues, with judges, juries and lawyers all
greasing the wheels of justice with the collective sweat generated from
a hard day’s work.
But the American justice system is really more like the absurdist 1980s
sitcom “Night Court,” in which a harried judge and quirky attorneys
would race through as many cases as possible so they could get back to
hanging out with Mel Torme or canoodling in the bathroom.
There’s no Mel Torme cameo and precious little canoodling in “Courtroom
302,” but journalist Steve Bogira’s book, recently released in
paperback, does amply demonstrate that kind of absurd, bizarro-world
justice in which lawyers, judges and defendants all keep reciting the
same lines, just to keep the process moving along.
Bogira spent a year following the lawyers, lawbreakers and legal
proceedings in one courtroom in Chicago’s Cook County Criminal
Courthouse. Bogira describes it as a place where “justice miscarries
every day, by doing precisely what we ask it to do.” He’s not far off.
The line between guilt and innocence is almost indistinguishable—a fact
that’s mostly ignored in favor of speedily getting through the day’s
docket.
Bogira begins the exhaustively researched book with a portrait of Larry
Bates, a 42-year-old man on probation for a minor drug offense. He’s
struggling to get clean and finish up his community service
requirements, but he can’t quite kick his coke addiction and find a
steady job. Bates reappears throughout the book, coming back before
Judge Dan Locallo a number of times for minor possession offenses.
Through Bogira’s lens, Bates and other defendants like him are a choice
illustration of what’s wrong with the system. Politicians’ desires to
be “tough on crime” result in harsh penalties for the most minor of
drug offenses, which floods the court with scores of poor minorities,
who make up about 80 percent of the criminal cases heard in Cook
County. Because there are so many defendants, cases are whisked through
court.
As Bogira describes it, plea deals are encouraged and jury trials are
discouraged; any defendants who attempt to slow the process are usually
given harsher sentences. And because there’s so little attention paid
to the underlying circumstances in each case (for instance, Bates
spiraled into drug addiction after his wife killed their children),
defendants are given few opportunities for treatment and rehabilitation
and so appear back in court over and over. Simply put, justice sucks.
But what’s even more depressing is the suggestion that nothing can be
done about it. Bogira remains a dispassionate, neutral observer
throughout the book, and unless the reader whips himself or herself
into a frenzy, there’s no real anger. While there’s a lot to be said
for objective reporting, a little anger is surely understandable,
especially concerning cases in which the stakes are so high.
Bogira does, however, let the various players damn themselves. Locallo
and the rest of the legal crew working on the side of law and order
think the system, as clogged and imperfect as it is, generally works
fine. When asked why drug offenders keep using, and therefore keep
appearing in court, Locallo dismisses them as people who “can’t get a
high out of life itself.” After one case concludes with a not guilty
verdict for a defendant, the prosecutors complain that the defendant
was surely guilty of something.
The defendants who march through Courtroom 302 are the usual lot of
drug dealers, murderers and car thieves, hardly a batch of sympathetic
characters. But Bogira goes the extra mile, maybe even an extra 10
miles, and interviews not only the defendants before, during and after
their cases move through the system, but also speaks with their family
members and friends. It’s these individual stories that give “Courtroom
302” its narrative power and poignancy. Like the defendants, “Courtroom
302” carries with it a sense of disappointment and hopelessness. The
system is, and has been, broken for a long time, and it’ll be even
longer before it’s fixed. Between now and then, we’ve got plenty of
“Law & Order” reruns to watch.
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