Hard Bargains: The Coercive Power of Drug Laws in Federal Court. By Mona Lynch. New York: Russell Sage Foundation, 2016.

Abstract

Hard Bargains: The Coercive Power of Drug Laws in Federal Court. By 5 Mona Lynch. New York: Russell Sage Foundation, 2016.Feeling low on your outrage? Then read Mona Lynch's book, Hard Bargains: The Coercive Power of Drug Laws in Federal Court, which takes the reader on a journey through the convoluted and often shocking realities of federal drug trafficking policy. The book offers an exceptionally compelling account of drug trafficking cases are selected, processed, and adjudicated in three different regions of the country (a fourth was excluded for sensible and well- explained reasons). The result is an unprecedented account of the federal system is geared to suppress defiance and punish non-compliance (4). The book makes for an absorbing read as you encounter one outrage after another; yet, Lynch maintains a scien tist's stance throughout-letting the coercive use of prosecutorial power speak for itself. She offers hyperbole and none is needed.As Lynch teases apart how complex and competing bodies of law get interpreted and applied in the real world (152) she uncovers a dismaying array of consequences produced by federal prosecutors' tremendous power, including the proactive punitiveness of selecting cases precisely because they will be subject to harsh sentences. Many other troubling outcomes arise from the calculation that Lynch asserts drives all federal sentencing in drug cases: drug multiplied by criminal record produces the appropriate sentence (60). It turns out that both of the equation's determin- ing factors are subject to interpretation ranging from exaggeration to virtual falsification. Relevant in drug cases, for example, includes conduct gleaned from uncorroborated reports by informers who allege and detail past drug transactions with the defendant (emphasis added, 27). Similarly, drug can be based on weight in which informants provide information that is used to estimate drug for alleged past trafficking acts-they tell the law enforcement agents much was sold, often, and for long and no drugs have to be found or tested or 39 put on the scale for it to affect convictions and sentencing (emphasis added, 54). Together, relevant conduct and historical not only can severely increase a defendant's potential maximum sentence, but they point to an even more profound concern. While the merits of shifting power from judges to prosecutors deserves substantial debate, current practice comes awfully close to bestowing prosecutors with the most powerful privilege of all: defining reality itself.A key strength of Hard Bargains is Lynch explores this theme of prosecutorial power from a variety of methodological angles. Her innovative take on conducting a comparative study entails sustained observation and inquiry across and within jurisdictions coupled with longitudinal processing data to provide context. She also utilizes a case analytic approach in which she followed specific cases through adjudication. This multimethod, multi-site, historically situated analysis is precisely what is needed in order to grapple productively with the complexities of the process and substance of law. Indeed, her methodology is a contribution in and of itself. 57Lynch's concise yet insightful history of drug laws reveals details such as it being rooted in an impetus to monitor health care professionals with a focus on administrative and tax compliance. It also introduces race and racism as important themes of the book. …