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Indefensible: One Lawyer's Journey into the Inferno of American Justice

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I am not fond of criminals. Nor can my politics be considered left-wing. However, I do believe in the Constitutional right to due process and David Feige's "Indefensible" shows how Americans are routinely denied this right without a whimper from the elitist liberals and their mainstream press pals. Steve Bogira tried showing the nature of the criminal justice system in his "Courtroom 302" (Courtroom 302: A Year Behind the Scenes in an American Criminal Courthouse, but that came out sounding like a left-wing whine blaming everyone except the lawbreaker.

Feige was a public defender in New York for more than 15 years. He tells the story of those years with a touch of humor, an understated admission of the psychic pain he suffered as the system ground down defendants, their families and their lawyers, while elevating and protecting incompetent (if not corrupt) judges, prosecutors and police. His story has the ring of truth. He talks about innocent people railroaded into pleading guilty just to escape the system. Of evil judges who gave no second thought to wrecking families and lives. (He names names.) He doesn't resort to the usual left-wing nostrums of blaming society, demanding more money to perpeptuate dependent welfare or any of that.

By simply stating the facts from his perspective, Feige makes a strong argument for thorough reform of the criminal justice system. Right now the system isn't concerned with justice, but simply keeping itself going. As I said, I have no sympathy for actual criminals and it irritated me a bit to read of Feige negotiating down sentences of robbers and murderers. My attitude toward them is more like lock them up and throw away the key. But Feige reminds us that every criminal defendant has unalienable Constitutional rights - and that these rights are being violated day in and day out in New York's criminal courts. (Bogira attempted to make the same point about Chicago.) More than likely the same can be said for any criminal court system in America. The system is dysfunctional and doesn't work. So plea bargains are the currency of the day. Society suffers because bad people come back to the streets to soon. But innocent people suffer too, denied a trial, forced into pleas that may harm them or even ruin their lives.

It's a lousy system, far from the promises of the Constitution, and one that must be reformed on every level. Feige makes his points without beating the reader's head against the wall and he makes them effectively. He doesn't make any left-wing, criminal-coddling arguments: he doesen't have to. His experiences as a public defender, representing the truly guilty, the innocent and just those whom life dealt a bad hand to are all that's needed to waken your conscience to the miscarriage of justice we call our criminal justice system.

Jerry

'Indefensible' is brilliant. Feige is a very talented writer with gripping subject matter. I don't know how to describe the difference between great writing (which is rare) and writing that isn't good (which is everywhere). But I know it when I read it, and this is it. Feige completely transports the reader, you are there with him, and all the senses are engaged. You smell the urine, vomit, and the stench of homelessness. You taste the fried, fatty fast food that is the only eating option in the vicinity of the courthouse. You hear the yelling, the crying, the footsteps on the tile floors. You see the ill-fitting, second-hand suits, the inventive hairstyles of the projects. You feel the touch of the crowds, the cold air outside, the interminable wait for the elevator, the sexual tension with an ADA (in the elevator!).

The book reads better than any legal fiction and obviously, because it is true, has much more emotional impact. I can't count the times (mostly in the first half) that I laughed out loud. Absurdities abound, and he front-loads the book with the funny stuff. It's a good strategy, because once you're lulled in, he really socks it to you. In one simple story of trying to get through the endless line for the metal detectors (just to enter the courthouse), he tells of the court officers confiscating a sandwich from a homeless woman - the only food she has to eat that day. After trashing her sandwich, she begs them to let her go through and not have to re-enter the line and wait another hour, they eject her anyway. She's lost her place in line, most likely lost her all-important court appearance, and she's lost the only food she would eat that day.

We have all been victims of capricious abuses of power by small, cruel people who delight in upsetting other people's lives just for the heck of it, or even just robotic rule-followers who wreak havoc when they could just as easily think for themselves but inexplicably just refuse to do so. Think about all the times you've been bumped from a flight for no good reason, forced to sit in some random airport for 6 hours, missing your connection, losing your bags. Think about the blank face of the airline worker behind the counter, not answering your questions but telling you to sit down and stop bothering her and avoiding looking straight in your face. Think about how angry you get, how you feel abused and powerless. Multiply that by a hundred-thousand, when the result isn't being late for a wedding or funeral or a meeting, but the possibility of losing your family, livelihood, home and freedom, that is being put in PRISON. Showing people what really goes on, what is a daily fear and struggle for all poor people and disproportionately for people of color is not liberal or conservative, it is just truth-telling, and in this book it is out-right entertaining and inspiring. This book will make you angry and indignant, and you will think that there is nothing you can do against the ocean of hopelessness that is urban poverty. But you will want to do something, and maybe, if you don't just put the book down and go back to your regular life, you will do something.

Those of us who would like to stay as far away as we can from the criminal justice system can still make change. Poverty, crime and hopelessness are all intertwined, and there is plenty a reader can be inspired to do after reading this book (if we can't all become PDs). Volunteering our time, skills, expertise, and yes, money, to any of the many organizations that are working for social and environmental justice is a good start. The holistic approach taken by the Bronx Defenders is an inspiration for how we could all live in a better, safer, more just society.

That, and tell your friends to buy/read the book.

I pre-ordered this book right before I took the bar exam, but didn't get around to reading it until I visited my parents' house almost a year later. In the meantime I'd passed the bar, been sworn in as a lawyer, and spent nine months as an ADA in the Big City (not the same Big City where Feige practiced, but not much changes in the grimy world of high-volume, high-stress courthouses). I found this book when I came back home for vacation, and just finished reading it last week.

I'm glad I accidentally waited so long before reading it. I think a book like this looks different from the inside than the outside. It has different benefits: rather than giving you a glimpse inside a new world, it makes you look at familiar surroundings from a new perspective. In a career where every professional relationship is adversarial and the other side is often met with suspicion (and often with good reason), it's invaluable to get an honest view of what the other side is thinking. Feige's book is an excellent reminder of the fact that we're still all human in a sometimes inhumane system, and of how it is possible for good and worthy people to stand on both sides of the courtroom. I realize that sounds incredibly basic, but it's so easy to forget in the battlefield. The book provides some reassurance that I'm not failing in my job when I cut defendants breaks, or withdraw charges when justice doesn't line up with the letter of the law. And it reminds me to be decent to the defenders who are decent in turn, because the good ones are horribly overworked and underappreciated in what they do. I'm grateful to be reminded of those things. I needed it.

Of course the book has its flaws; all books do. Nothing is said about extremely pro-defense judges who are as unfeeling toward victims and their families as Feige's pro-prosecution judges are toward defendants. Nothing is said about good cops, or humane court staff, and almost nothing about inept or indifferent public defenders, or the crimes of which their clients are guilty (as, indeed, most are). But the book isn't intended as an even-handed, clear-eyed evaluation of the system; it's a heartfelt and impassioned piece of advocacy for one particular point of view.

So, again, I'm grateful to Feige for writing this book. It's well worth reading. Rarely does this particular corner of the legal profession have such a skilled and passionate advocate.

Indefensible offers a picture of the world of criminal justice from a man who knows it well. David Feige started his career at the age of 20 working as an investigator and summer intern for a public defender's office in Washington, DC . After law school and a brief tenure at a glamorous corporate law firm in New York City , Feige decided that the streets were where the action is and that criminal defense was his passion. He returned to the world of criminal defense and has been there ever since.

Feige works for the Bronx Defenders and represents destitute clients. Indefensible takes us to Riker's Island jailhouse, and to courthouses in the South Bronx, where Feige tells us of the great struggle of defending clients against the justice system - a system that will use any means at its disposal to break them down psychologically and morally, and to make them pay the price, in some cases for minor infractions or for crimes they did not commit. Indefensible defies public perceptions of the criminal courtroom as a place of rational argument, where defendants enjoy their constitutional right to a jury and the standard of reasonable doubt is upheld. At least for the indigent, the reality is quite to the contrary, and the system is remarkably adept at depriving them of a trial and a jury.

Feige says that most of his clients are guilty. However, many are not, and it is not uncommon for the innocent to enter guilty pleas in cases where fighting the monstrous system will only make matters worse. In the South Bronx , minorities and the poor are constantly at risk for harassment and arrest by the police, even for minor offenses (e.g., open liquor, or hopping a broken subway turnstile) that are routinely ignored by the authorities in more affluent areas.

As Feige tells it, thorough investigation is the most important component of a building a successful defense case. In his current state of seniority, Feige assigns the investigative work to less senior staff members, whom he trains in investigative techniques. The intimidating questioning style employed by the police has no place here, and charm, friendliness, fearlessness, and the ability to listen to others is what leads one to the facts.

Indefensible pulls no punches, and Feige is quick to tell us about individual judges and ADA 's and their distinct styles. Oftentimes the character of the judge or ADA can make the difference between acquittal and conviction. Some are reasonable and others are absolutely relentless and cruel, and Feige gives us a character sketch of a few notable individuals.

In spite of the great frustrations of fighting a system that often appears insuperable, Feige maintains his sense of humor and upbeat style. These traits shine through in the work and make Indefensible an entertaining read. Others have faltered in this area, and we learn of one defense attorney who in desperation broke down in court and shouted obscenities at the judge. Feige openly admits that, in spite of his several heroic successes in defending the innocent, he has also made grave mistakes that have cost clients jail time. It was all part of a learning process in a world where the work is hard, resources are often scarce, and one has to rely upon oneself.

In short, Indefensible is a very well-written and informative work and an enjoyable read. It should be on the reading list of anyone with an interest in the subject.

As a recent law school graduate and practicing criminal defense attorney, I was thrilled to read a book that exposed to the general public the frustrations that I find in the criminal justice system.

The writing style made this one of those books that I was unable to put down, except for the few times I had to stop reading due to the frustration I felt over learning what happened to individuals caught up in NYC's system, and then reflecting on how it can be even worse in Texas, where I work.

It was refreshing to read a book where criminal defendants are portrayed as actual human beings, as opposed to the one-sided "bogeyman" type view that shows like Law & Order, the nightly news, and other media sources constantly feed us. I'd love to see this concept turned into a primetime tv drama.

I'm an incoming law student this fall and I bought this book because I'm considering working as a public defender after law school. The book itself didn't disappoint. It was written well and really made me feel what it might be like to endure the daily struggle of too many desperate clients and not enough time to adequately represent them. I was very shocked at how much time the criminal judicial system wastes through a variety of substandard mechanisms... Mr. Feige did a remarkable job of explaining it all.

However, after finishing the book... I can't help but feel a little sad. As an ex elementary school teacher, I almost feel as if taking a job as PD would be similar (a job that is very demanding and rough for very little pay). The work of a public defender seems so noble and so important, yet after reading Feige's book... I have to say that I'm actually not inspired to do the work. I'm instead inspired to seek out to practice law in a different setting.

I think I'll certainly use one of my law school summers to intern for a PD office, as I know that I can't possibly understand what the job is like until getting as close to working it as is possible.

But man, is the system messed up. It's frightening. Thanks, Mr. Feige, for giving me a little insight into the world of big city indigent defense.

I recommend this book for anyone thinking of pursuing similar work in the legal profession or for anyone wishing to know just how much time, money, effort, and agony is wasted daily in the process which is our criminal court system.

After buying and reading about 100 books on Amazon as a pre 1L, and having read almost every "this is what it's like to be a lawyer" book out there ... I was finally inspired to take a moment to write a review of this book.

It is truly amazing, inspirational and well crafted.

And like the previous reviewer, I too am also here to buy several more copies to share with friends and family. This book can be appreciated by anyone, not merely those who are glad to finally see the injustices of the so-called justice system put into words.

This book is a feat of creativity, courage and passion.

I urge you to buy and read this book. You will not regret it.

Over the course of several years, while I was a New York City prosecutor, I could not understand David Feige's frustration with the criminal justice system (full disclosure: David is a friend). In Indefensible, Feige's frustration is still evident, and derives from the human element that makes the system imperfect. Of course, he paints in broad strokes and has been criticized (sometimes rightly, I think) for doing so. But David Feige is an advocate and very worthy adversary in an adversarial system. He is a "true believer" and defends his clients valiantly as they struggle against the machinery of the criminal justice system in the biggest and busiest courthouses in the country. If you are not familiar with the system in New York, Indefensible leads you by the hand and gives you a very close look. It may be one-sided, but in this system, all lawyers take sides. Feige does right by fighting for his. The prosecutor's point of view is widely represented in popular media. Feige has done an outstanding job crafting a narrative to present his own.

David Feige's "Indefensible" will infuriate those who believe that society should lock up all the criminals and throw away the key. Feige was a public defender in New York City for over a decade, and he actually liked his job. In fact, he cared so much about his clients that if he believed that he let them down in any way, he reproached himself mercilessly. Feige did everything in his power to get the men and women who entrusted their future to him the best deals possible, whether or not they were guilty. He listened to their side of the story, tried to provide the social services they needed, and always treated them with respect. Does this make David Feige a bleeding heart liberal? Some may think so, but others might see him as person of compassion, pragmatism, and strong feelings about the meaning of justice.

This book is an account of a day in the life of a public defender in the Bronx Criminal Courthouse. Surprisingly, although Feige changes the names of his clients, he reveals the identities of judges, prosecutors, and defense lawyers. Since Feige openly criticizes some of these officers of the court for incompetence, unfairness, and unethical behavior, it took courage for him to name names. Feige's client list included rapists, drug dealers, murderers, and prostitutes. Yet he judged each case on its own merits, and never treated his clients like cogs in an assembly line. For example, when Feige conferred with a woman named Cassandra, whom he eventually got to know over a period of years, he said, "There are people you meet in my job who are so helpless, so hopeless, and so sad that it slices your heart up...." Cassandra was a homeless and suicidal drug addict. Although she was overweight, unkempt, and unreliable, David did whatever he could to make her life more bearable.

Whether he defended an innocent bystander wrongfully accused of murder, a woman who killed her abusive husband, or a convicted rapist charged with homicide, Feige never functioned on autopilot. He ran around day and night, meeting with clients, making phone calls, talking to judges and other lawyers, grabbing fast food, and sleeping for a few hours whenever possible. As he got older, he shared his valuable knowledge and experience with the younger lawyers in his office.

One of the highest compliments I can pay this book is that it reads like a novel. Feige's powerful descriptive writing and hilarious anecdotes beautifully evoke the teeming and chaotic atmosphere of the Bronx Criminal Courthouse, and the author gives us an incisive portrait of law and order, New York style. He demonstrates that although there are many savvy and responsible lawyers, there are also those who are lazy and indifferent. In addition, although many judges are impartial, efficient, and evenhanded, others are uncaring, sadistic, and misguided.

To keep from getting burned out as a result of his high pressure job, David heeded the sound advice he received from Paula Deutsch, a "hard-drinking brilliant true believer." She said, "Thing is, Feige, you gotta lawyer for you." The satisfaction that a public defender receives is not gratitude from his clients, which is rarely forthcoming. It's certainly not a high salary, fancy perks, and expense account lunches. What attorneys like David Feige know is that the job of a public defender is a special calling, since good PDs keep the judges and district attorneys from running roughshod over the rights of indigent defendants. If not for attorneys like David Feige, our criminal justice system would be even more inefficient, corrupt, and warped than it already is.

I am a public defender and have been for about fifteen years. I love my job. On a good day there is no better job in the world. This book is the first and only book I have ever read that explains the seemingly minor frustrations that build up all day long and throughout the criminal "justice" system. He has all of the details, from the phone calls, the clothing closet, the compliment of "you could be a real lawyer" and the client who just can't grasp the reality of his situation. I am making my husband read this book so he knows what my day is like. I do not practice in New York, but I was amazed after reading the first chapter. This guy knows my life. Wow.