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.
Copyright 1992