Vol. 2 No. 8 (August, 1992) p. 111

COURTS AND THE POOR by Christopher E. Smith, Chicago: Nelson-Hall, 1991, 177 pp., paper.

Reviewed by Jerry Brekke, Department of Government, Northwest Missouri State University.

This short book attempts to bring together the information provided by social science and legal scholarship concerning the judiciary and its impact on the poor. Smith argues that "the inherently political nature of the judicial system insures that certain individuals and interests will enjoy greater advantage and benefits in their contacts with courts and the law." (p. ix)

After an introductory chapter the book is divided into six chapters that provide the evidence for the author's theme. Chapter two presents a standard description of the poor and the criminal court system. Chapter three provides a standard description of the poor and the civil court system. Chapter four deals with the poor and administrative law and does provide some material not usually included in the standard treatment of the American judicial system. This chapter describes the rights of the poor in administrative proceedings, social security benefit hearings, and the role of administrative law judges. Chapter five provides a standard treatment of the role of the Supreme Court in constitutional interpretation affecting poor people. Chapter six provides a standard treatment but a good summary of the role of the courts and public policy. Chapter seven provides some interesting insights into the operation of the criminal justice system in other countries and helps to put the American system in some perspective.

The last chapter deals with court reform and equal justice and is generally quite pessimistic. The basic conclusion is that although courts may sometimes initiate policies and vindicate rights for the poor, the judicial process does not fit an idealized conception of neutrality and equal justice. Wealth discrimination exists within the American court system. The reforms discussed in the chapter will make little difference since there is no political constituency for supporting efforts to equalize resources. "Short of a massive redistribution of wealth through a Swedish-type tax system aimed at reducing the general resource disparities between rich and poor, the prospects for significantly altering the court system's discriminatory consequences for the poor remain dim." (p. 143)

The length of the book plus its broad coverage will make it valuable as a supplement for undergraduate courses. It also will be useful as a source for further study since it cites much of the research available concerning the judicial system and the wealth discrimination.