Book Reviews

Crime & Politics
by Ted Gest
296 pages. $30.
Oxford University Press, Inc.,
198 Madison Avenue, New York, NY 10016
Phone: (800) 451-7556.

Reviewed by Christopher A. Alexy *

Written by a former senior writer for US News and World Report, Ted Gest examines the contemporary political history and our nation’s response to violent crime. In particular, he focuses on the role of the federal government and its efforts to confront these types of offenses. Thus, from the 17 criminal offenses that originally fell within federal jurisdiction to the several thousand (40 percent of which have been enacted since 1970) on the books today, Gest traces the ever-expanding role of the federal government in an area historically entrusted to local control. How then did this massive federal push come about, and what, if any, impact has it had on street crime?

Gest credits 1964 presidential candidate Barry Goldwater as the first to put crime on the national agenda. During his acceptance speech at the Republican National Convention, Goldwater railed against “violence in the streets,” and vowed to “do all that I can to see that women can go out on the streets of this country without being scared stiff.” Despite his failure at the polls, he created a response for law and order heard by LBJ, who then empanelled a commission to study the situation and make recommendations for future federal involvement. This ultimately led to huge infusions of federal aid to states and localities that continued through the Carter Administration.

But as Gest points out, the 1980s saw a sharp shift in the way the federal government tried to cope with violent crime. Instead of merely allocating money for local law enforcement, conservative administrations shifted the focus to changing the justice system in an effort to get tough on criminals. This took the form of federalizing a number of offenses already being prosecuted on the local level, extending prison terms (especially for drug offenses), and attempting to place limits on habeas corpus appeals, pretrial release and the insanity defense.

As Gest illustrates, this period also provides some of the more colorful anecdotes and moments of political grandstanding. For example, he describes how Lois Herrington, a former Oakland, California, prosecutor, briefed Reagan’s cabinet to stir support for improved financial compensation for crime victims. At the close of her presentation, close-fisted budget director David Stockman protested, “This is an entitlement, Mr. President.” To this, Herrington replied, “Mr. President, people don’t go out and get themselves knocked over the head and robbed so that they can get to the hospital and get money.” Herrington won the president’s approval.

Crime & Politics also makes the point that thanks to Goldwater’s notion of crime as a national problem, both the Congress and the White House have since found it perhaps too easy to federalize virtually every type of crime that flares to national prominence, including car-jacking and stalking. In fact, regarding the knee-jerk reaction of legislators to high-profile incidents, Attorney General Edwin Meese noted that Congress tends to “pass a law whether it’s necessary or not, if it’s politically salient.” This increased trend towards federalization has contributed to a $1.2 billion dollar increase in the FBI’s annual budget over the last two decades, as well as a 92 percent increase in the number of employees in the federal justice system. This includes an additional 5,000 federal prosecutors over the past three decades. But to keep this in perspective, Gest reminds the reader that federal prisons hold only about 120,000 of the two million in custody nationwide. These are sobering statistics to bear in mind when your office cannot afford a new copy machine. And, as Jacksonville, Florida, prosecutor Harry Shorstein told Congress in hearings on gang violence, he would still “prosecute in a day more cases than you will prosecute in all the federal courts . . . in a year.”

These are just a few highlights from a well-researched, in-depth analysis of the political machinations that have led to our current national crime policy. In addition, Gest analyzes the history of the war on drugs, gun control efforts and counter-efforts, “three strikes” sentence enhancements, and juvenile justice initiatives. Throughout, he is informative without being argumentative, and the broad range of criminal justice issues will guarantee something of interest for everyone.

* Reviewer Christopher A. Alexy is a senior assistant state’s attorney in New Haven, Connecticut.

Dead Reckoning: The New Science of Catching Killers
by Michael Baden, M.D. and Marion Roach
276 pages. $25.
Simon and Schuster
1230 Avenue of the Americas, New York, NY 10020
Phone (212) 698-7277.

Reviewed by Mary M. Galvin *

How can a book about forensic pathology be light reading?

It can be, when it is written by nationally known and sometimes controversial forensic pathologist Dr. Michael Baden and when it is cleverly named Dead Reckoning. This book is an interesting and current review of the state of the art of modern forensic science. It is also a who’s who in the world of modern forensic science. Dr. Baden, with co-author Marion Roach, introduces the reader to the personalities and reality of science in the legal world.

The authors begin the book by bringing the reader into the autopsy room. The description of a morgue and of pathologists’ procedures paints a very real picture. (The average reader will not want to read this chapter over lunch.) There is a review of the history and development of the autopsy and its place in the criminal justice system.

Dr. Baden walks us through his life as a physician, expert witness and forensic scientist. He shares humorous and sometimes outlandish stories from his acquaintance with the luminaries of forensic science. He introduces us to many of his famous forensic friends and ends the book by taking us to an annual meeting of the American Academy of Forensic Science. His detailed portrayal of a meeting of the academy makes the reader feel as if he or she actually is at the conference. He gives interesting insight into how forensic scientists meet, exchange ideas and contribute to the development of their field. It’s all done in a walk through, on scene, writing style that is very easy to read.

This book will be of special interest to prosecutors for a variety of reasons. It discusses advances in criminal investigation as a result of the work of people like Dr. Lowell Levine, Dr. Henry Lee and Dr. Neal Haskell. In addition, should Dr. Baden testify outside of New York State, where he is a director of the New York State Police Laboratory, this book may be a very helpful source of cross-examination material. Finally, this book will be of interest to those prosecutors who enjoy true crime stories. Since Dr. Baden gives his perspective on, and sometimes reviews his involvement in, famous cases like O.J. Simpson, the death of Princess Diana and the execution of the Romanovs, it really can be good reading.

Dr. Baden’s work as a forensic pathologist has taken him all over the world and has made him a participant in many famous cases. His book shares many of these experiences. For example, he describes a venture to Dr. Neal Haskell’s farm. Dr. Haskell is a “bug” expert. He details how Dr. Haskell teaches law enforcement officers the evolution of flies at a crime scene by doing actual experiments at his farm. What may initially seem like gratuitous grossness about maggots is actually very helpful information for anyone involved in the investigation of homicides and the thorough processing of crime scenes.

Unfortunately, Dr. Baden’s editorial critiques of the criminal justice system extend to prosecutors. His reference to “… DAs who keep police scanners near their beds so they can show up at as many crime scenes as possible…” disrespects the important role of the prosecutor as the chief law enforcement officer in every district. He also relies on the infamous Chicago Tribune series of 1999, which claimed that there was widespread prosecutorial misconduct in the United States, to criticize prosecutors. The National District Attorneys Association (NDAA) has since refuted the Tribune’s allegations with thorough and detailed research.

Regardless, prosecutors will find Dead Reckoning to be an interesting autobiographical trip through the world of forensic science. The reader will attend a class taught by Herb MacDonell, the world renowned expert on blood spatter evidence; will also become acquainted with Dr. Lowell Levine, the expert forensic odontologist; and will crisscross the country with Dr. Henry C. Lee, Connecticut’s international star of forensic science. Dr. Baden shares his friendships with these and other well-known scientists, while he intrigues us with science yet to come—things like lip prints and ear identification. This is a good book to pick up between your next trials.

* Mary M. Galvin, a frequent reviewer of books for The Prosecutor magazine, is state’s attorney for the Ansonia/Milford Judicial District of Connecticut.

Would you like to review a book for The Prosecutor magazine? We welcome reviews by prosecutors of new books that are of interest to prosecutors. If you consider yourself a good writer and would like to review a book, write or fax the editor with your areas of interest and expertise. Send to The Prosecutor, NDAA, Suite 510, 99 Canal Center Plaza, Alexandria, VA 22314-1588. Fax: (703) 836-3195. As a bonus for your efforts, you get to keep the book.