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  3. “Guilty People” by Abbe Smith
Home “Guilty People” by Abbe Smith
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“Guilty People” by Abbe Smith

January 04, 2021
Image Cover-Guilty People.jpg

Abbe Smith of the Georgetown University Law Center has written a new book, Guilty People. In this insightful new work, Professor Smith explores the nuanced definition of guilt, and how guiltiness relates to criminality. Combining research with her experience as a criminal lawyer, she challenges the idea that the guilty are and should be treated as a “separate species.” 

Professor Smith is an American criminal defense attorney, professor of law at Georgetown University, and director of Georgetown’s Criminal Defense & Prisoner Advocacy Clinic and E. Barrett Prettyman Fellowship Program. She is also the author of Case of a Lifetime: A Criminal Defense Lawyer's Story and Carried Away: The Chronicles of a Feminist Cartoonist. 

From the publisher:  

Criminal defense attorneys protect the innocent and guilty alike, but, the majority of criminal defendants are guilty. This is as it should be in a free society. Yet there are many different types of crime and degrees of guilt, and the defense must navigate through a complex criminal justice system that is not always equipped to recognize nuances. 

In Guilty People, law professor and longtime criminal defense attorney Abbe Smith gives us a thoughtful and honest look at guilty individuals on trial. Each chapter tells compelling stories about real cases she handled; some of her clients were guilty of only petty crimes and misdemeanors, while others committed offenses as grave as rape and murder. In the process, she answers the question that every defense attorney is routinely asked: How can you represent these people? 

Smith’s answer also tackles seldom-addressed but equally important questions such as: Who are the people filling our nation’s jails and prisons? Are they as dangerous and depraved as they are usually portrayed? How did they get caught up in the system? And what happens to them there?  

This book challenges the assumption that the guilty are a separate species, unworthy of humane treatment. It is dedicated to guilty people—every single one of us. 

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Traynor on Liberty, Law, and Democracy

In his essay "Liberty, Law, and Democracy: Are There Grounds for Realistic Optimism?" Michael Traynor, former President of The American Law Institute, reflects on the challenges facing American democracy amid political polarization and institutional strain. He examines threats to the balance between liberty and law, citing dysfunction across the executive, legislative, and judicial branches, while drawing on historical context and recent scholarship to frame these concerns.

Despite his sober assessment, Traynor maintains a guarded optimism rooted in America’s resilience, civic traditions, and individual potential to effect change. He highlights positive actions within the legal community, nonprofit organizations, and among engaged citizens, while outlining five practical steps Americans can take to strengthen democracy: improving civic education, demanding accountability, fostering open debate, participating in elections and local governance, and resisting simplistic solutions.

Traynor concludes that democracy is “stubborn work,” incremental, imperfect, and ongoing, but expresses confidence that Americans have the resolve to preserve it.

Read the full article The New Nationalist. 

Michael Traynor is senior counsel at Cobalt LLP in Berkeley California. He served as ALI President from 2000 to 2008, and as Chair of the Council from 2008 to 2011. He is also a recipient of ALI's Distinguished Service Award. Mr. Traynor is a Fellow of the American Academy of Arts & Sciences, the American Academy of Appellate Lawyers, the California Academy of Appellate Lawyers, and the American Association for the Advancement of Science.   He received the John P. Frank Outstanding Lawyer Award from the U.S. Court of Appeals for the Ninth Circuit. He is an honorary life trustee of the Lawyers Committee for Civil Rights Under Law and of Earthjustice and a past President (1973) of the Bar Association of San Francisco. 

Collins J. Seitz Jr. Elected CCJ President and NCSC Chair 

Revesz on Withdrawal of Endangerment Finding

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