Matthew Clair, "Privilege and Punishment: How Race and Class Matter in Criminal Court" (Princeton UP, 2020)

Privilege and Punishment: How Race and Class Matter in Criminal Court (Princeton UP, 2020) by Matthew Clair is a powerful ethnographic study of the experiences and perspectives of criminal defendants. While many studies have demonstrated the existence of race and class disparities in the criminal justice system, Clair conducted a rare and compelling study that puts heart and emotion into these disparities. As he argues and shows, not only should we care about quantitative inequalities in criminal justice, but "[w]e should [also] be concerned about differences in the quality of the court experience" for so many defendants. Clair did extensive interviews with and observed criminal defendants, defense lawyers, judges, police officers, and others interact with each other in the Boston court system. What he shows is a system that operates differently for people of privilege compared to people without. While many criminal defendants face struggles of alienation from societal structures, the underprivileged often resort to crime out of necessity, whereas privileged defendants were more likely to enter the system because of pleasure-seeking or to avoid pain.  Once in courtrooms, underprivileged defendants, especially racial minorities, develop profound mistrust of their court-appointed attorneys. These defendants face, and have often repeatedly been represented by overworked lawyers who often refuse to listen or to develop relationships of trust with their clients, which led many of these defendants to "withdraw," as Clair coins it, from the attorney-client relationship. Some resisted the lawyer or the court: complaining openly about the lack of diligence, asking the court to appoint new counsel, or taking it upon themselves (often with group support) to learn the law and make the arguments their lawyers refused to make. Others developed what Clair calls an attitude of resignation, recognizing the futility of their situation, and essentially giving up the fight.  The experience is fundamentally different for privileged d