Democracy and Distrust: A Theory of Judicial Review


John Hart Ely - 1980
    Written for layman and scholar alike, the book addresses one of the most important issues facing Americans today: within what guidelines shall the Supreme Court apply the strictures of the Constitution to the complexities of modern life?Until now legal experts have proposed two basic approaches to the Constitution. The first, "interpretivism," maintains that we should stick as closely as possible to what is explicit in the document itself. The second, predominant in recent academic theorizing, argues that the courts should be guided by what they see as the fundamental values of American society. John Hart Ely demonstrates that both of these approaches are inherently incomplete and inadequate. Democracy and Distrust sets forth a new and persuasive basis for determining the role of the Supreme Court today.Ely's proposal is centered on the view that the Court should devote itself to assuring majority governance while protecting minority rights. "The Constitution," he writes, "has proceeded from the sensible assumption that an effective majority will not unreasonably threaten its own rights, and has sought to assure that such a majority not systematically treat others less well than it treats itself. It has done so by structuring decision processes at all levels in an attempt to ensure, first, that everyone's interests will be represented when decisions are made, and second, that the application of those decisions will not be manipulated so as to reintroduce in practice the sort of discrimination that is impermissible in theory."Thus, Ely's emphasis is on the procedural side of due process, on the preservation of governmental structure rather than on the recognition of elusive social values. At the same time, his approach is free of interpretivism's rigidity because it is fully responsive to the changing wishes of a popular majority. Consequently, his book will have a profound impact on legal opinion at all levels--from experts in constitutional law, to lawyers with general practices, to concerned citizens watching the bewildering changes in American law.

Mistrial: An Inside Look at How the Criminal Justice System Works...and Sometimes Doesn't


Mark Geragos - 2013
    J. Simpson trial became a television-ratings bonanza. Now it’s all crime, all the time, on TV, from tabloid news to police procedurals on every network. Americans know more about the criminal justice system than ever before. Or do they?In Mistrial, Mark Geragos and Pat Harris argue precisely the opposite: In pursuit of sensationalism, the media shows the public only a small, distorted sample of what really happens in our courtrooms. So, ironically, the more the public thinks it knows, the less informed it really is.Mistrial debunks the myth of impartial American justice and draws the curtain on its ugly realities—from stealth jurors who secretly swing for a conviction to cops who regularly lie on the witness stand  to defense attorneys terrified  of going to trial. Ultimately, the authors question whether a justice system  model drawn up two centuries before blogs, television, and O. J. Simpson is still viable today.In the aftermath of the Casey Anthony trial, the flaws in America’s justice system are more glaring than ever. Geragos and Harris are legal experts and prominent criminal defense attorneys who have  worked  on everything from  celebrity media-circuses to equally  compelling cases defending individuals desperate to avoid  the spotlight, and Mistrial’s behind-the-scenes peek at their most fascinating cases will enthrall legal eagles and armchair litigators alike—as it blows the lid on what  really happens in a courtroom.

Fight Back and Win


Gloria Allred - 2006
    Voted by her peers as one of the best lawyers in America, and described by Time as "one of the nation's most effective advocates of family rights and feminist causes," Allred has devoted her career to fighting for civil rights across boundaries of gender, race, age, sexual orientation, and social class. She has taken on countless institutions to promote equality, including the Boy Scouts, the Friars Club, and the United States Senate, often drawing from her creativity and wit to achieve results. And as the attorney for numerous high-profile clients -- she has represented Nicole Brown Simpson's family, actress Hunter Tylo, and Amber Frey, Scott Peterson's girlfriend -- Allred has helped victims assert and protect their rights. Throughout her extraordinary memoir, in such chapters as "To Conquer, You Must First Conquer Yourself" and "Don't Be Victimized Twice," Allred offers colorful -- sometimes shocking -- examples of self-empowerment from her personal and professional life. Presenting nearly fifty of her most memorable cases, she takes us deep inside the justice system to show how it's possible to win, even in the face of staggering odds. Allred opens our eyes not only to the significant positive strides we've made in recent decades, but more important, to how much further we still have to go to empower all members of society -- especially women, minorities, and others who are deprived of their rights. "Fight Back and Win" is a powerful testament to Gloria Allred's trailblazing career and the battles she has fought alongside countless brave individuals to win justice for us all.

Law School for Everyone: Constitutional Law


Eric Berger - 2019
    It’s because constitutional law is so fundamental to our democracy that law schools across the country teach the subject. It's the area of law that determines what federal and state governments are permitted to do, and what rights you have as an individual citizen of the United States. In these 12 lectures, you'll get the same accessible, well-rounded introduction to constitutional law as a typical law student - but with the added benefit of noted constitutional scholar Eric Berger's brilliant insights. Taking you through all three branches of the federal government, Professor Berger uses some of the most important legal cases in the United States to probe the open-ended nature of the Constitution’s language and illustrate how legal reasoning has defined the power relationships that the Constitution governs. You’ll examine pivotal Supreme Court cases to learn how interpreting the Constitution has radically affected American society. You’ll consider the Supreme Court’s role in deciding - and sometimes avoiding - questions of constitutionality. And you’ll investigate how changes in public opinion can influence how the Supreme Court interprets the Constitution. While the open-ended nature of the Constitution’s language makes constitutional law often uncertain, these lectures offer you a better understanding of its many nuances, as well as its profound importance for the future of the United States.

False Justice: Eight Myths that Convict the Innocent


Jim Petro - 2011
    Now newly published in paperback with an extensive list of web links to wrongful conviction sources internationally, "False Justice "is ideal for use in a wide array of criminal justice and criminology courses.Myth 1: Everyone in prison claims innocence. In fact, guilt is usually clear and undisputed either because the criminal was caught in the act, left substantial evidence, or made the decision to take a plea. While taking a plea does not assure guilt, often a combination of the above reveals the soundness of the defendant s decision to plead rather than go to trial. Lauren McGarity, a mediator, conflict resolution expert, and educator who has worked with hundreds of Ohio inmates for ten years, dispelled this myth for us in "False Justice."Myth 2: Our system almost never convicts an innocent person. We mined and share the research and opinion of both conservatives and liberals, and we have concluded that the 311 persons exonerated of serious felonies to date, December 12, 2013, by DNA technology (which was first employed in criminal forensics in the U.S. in the late 1980s) must be the tip of the iceberg, a phrase commonly mentioned in our research. Following the Elkins experience, Nancy and I suspected a substantial number of innocent people in our prisons, but our research required that we frequently revise our thinking upward. Estimates have ranged from, conservatively, about one thousand to as many as tens of thousands of innocent people in American prisons today. We believe and research and logic suggest that our system convicts innocent persons far more frequently than most imagine and that most Americans, if more fully informed, would consider this a national travesty.Myth 3: Only the guilty confess. Stephen Boorn confessed to a murder in Manchester, Vermont, even though there was no trace of evidence, including a body. Boorn is not alone. "False Justice" explores what prompted Christopher Ochoa and others falsely accused of murder to incriminate themselves. We explore why the Miranda warning failed in these cases to provide intended protections.Myth 4: Wrongful conviction is the result of innocent human error. As chief legal officer of Ohio, I supervised a staff of 1,250, including 350 lawyers, who managed more than 35,000 active legal cases at a time. Yet I was totally unaware of the extent of wrongful criminal conviction, and was disappointed to learn that misconduct by police and prosecutors has contributed to many wrong verdicts. In the first edition of "False Justice" we noted that official misconduct was identified early as a contributor in DNA-proven wrongful convictions. Prosecutorial misconduct was a factor in thirty-three of the first seventy-four DNA exonerations (44.6 percent) and police misconduct was present in thirty-seven, or exactly half of those cases.3 Subsequent exonerations have supported the finding that official misconduct is a significant contributor to wrongful conviction. The National Registry of Exonerations reports at this writing (Dec. 14, 2013) 564 known cases of official misconduct both police and prosecutor and in some cases both in its universe of 1,262 exonerations, or in 44.6 percent of known exonerations since 1989.4 This book challenges thinking on what tactics should and should not be dismissed as "human error."Myth 5: An eyewitness is the best testimony. Mistaken eyewitness testimony, a contributor in 75 percent of wrongful convictions, was the prevailing contributor to wrongful conviction in the cases of Elkins, Green, Gillispie, and others included in the book. "False Justice" shares highlights of what we now know about memory and how this has shaped legislative and procedural reforms that will enable more accurate capture of eyewitness testimony.Myth 6: Conviction errors get corrected on appeal. The long, difficult, and expensive struggle to reverse a conviction is demonstrated in the Boorn, Elkins, Green, and Gillispie cases. Our appeals process addresses only certain errors that may have occurred in preparation of the case or in the courtroom. Post-conviction relief is difficult to attain in a system that properly seeks finality in the criminal process. The other route to correcting a conviction error is through new evidence, which, as indicated in Elkins and Gillispie, must meet specific requirements that are very difficult to achieve.Myth 7: It dishonors the victim to question a conviction. "False Justice" reveals that, contrary to a popular opinion, only a minority of convicted persons claim innocence and represent cases that are worthy of post-conviction DNA analysis. Prosecutors who oppose access to post-conviction DNA evidence, which could conclusively prove guilt or innocence, frequently claim that this would dishonor the victim. Public safety requires that we abandon this myth, or understand that by allowing the real perpetrators to escape justice, we contribute to an increase in crime and victims. How does "that" honor victims?Myth 8: If the justice system has problems, the pros will fix them. While most men and women who work in the criminal justice system are well meaning, committed, and deserving of our respect, they typically do not have the authority, resources, perspective, time, or inclination to change the system. "False Justice" recommends reforms achieved through legislation, policy, and court opinion. However, these will not occur with any urgency until conventional wisdom catches up with the truths revealed in this DNA age. Therefore, it will take us everyday American citizens not the pros, to accelerate this process. By abandoning myths and advocating reforms, we will not only reduce the destruction that comes with wrongful conviction but will also make the United States safer."

Eve Was Framed: Women and British Justice


Helena Kennedy - 1992
    Helena Kennedy focuses on the treatment of women in our courts - at the prejudices of judges, the misconceptions of jurors, the labyrinths of court procedures and the influence of the media. But the inequities she uncovers could apply equally to any disadvantaged group - to those whose cases are subtly affected by race, class poverty or politics, or who are burdened, even before they appear in court, by misleading stereotypes.

Attorney for the Damned: Clarence Darrow in the Courtroom


Clarence Darrow - 1901
    All of Darrow's most celebrated pleas are here—in defense of Leopold and Loeb (1924), of Lieutenant Massie (1932), of Big Bill Haywood (1907), of Thomas Scopes (1925), and of himself for attempted bribery."—The New Yorker

The Basics of Digital Forensics: The Primer for Getting Started in Digital Forensics


John Sammons - 2011
    This book teaches you how to conduct examinations by explaining what digital forensics is, the methodologies used, key technical concepts and the tools needed to perform examinations. Details on digital forensics for computers, networks, cell phones, GPS, the cloud, and Internet are discussed. Readers will also learn how to collect evidence, document the scene, and recover deleted data. This is the only resource your students need to get a jump-start into digital forensics investigations.This book is organized into 11 chapters. After an introduction to the basics of digital forensics, the book proceeds with a discussion of key technical concepts. Succeeding chapters cover labs and tools; collecting evidence; Windows system artifacts; anti-forensics; Internet and email; network forensics; and mobile device forensics. The book concludes by outlining challenges and concerns associated with digital forensics. PowerPoint lecture slides are also available.This book will be a valuable resource for entry-level digital forensics professionals as well as those in complimentary fields including law enforcement, legal, and general information security.

The Redhunter: A Novel Based on the Life of Senator Joe McCarthy


William F. Buckley Jr. - 2006
    From the celebrated conservative comes a rich and complex novel about one of the most conspicuous political figures in American history--Senator Joe McCarthy.

One Damn Thing After Another: Memoirs of an Attorney General


William P. Barr - 2022
    Bush and Donald J. Trump.William Barr’s first tenure as attorney general under President George H.W. Bush was largely the result of chance, while his second tenure under President Donald Trump a deliberate and difficult choice. In this candid memoir, Barr takes readers behind the scenes during seminal moments of the 1990s, from the LA riots to Pan Am 103 and Iran Contra. Thirty years later, Barr faced an unrelenting barrage of issues, such as Russiagate, the COVID outbreak, civil unrest, the impeachments, and the 2020 election fallout. One Damn Thing After Another is vivid, forthright, and essential not only to understanding the Bush and Trump legacies, but also how both men viewed power and justice at critical junctures of their presidencies.

We, The People: India, the largest Democracy


Nani Palkhivala - 1984
    Palkhivala's mordant wit runs like a silver thread through the book, making it compelling reading..

Colours of the Cage: A Prison Memoir


Arun Ferreira - 2014
    Over the next few months, he was charged with more crimes-of criminal conspiracy, murder, possession of arms and rioting, among others-and incarcerated in one of the most notorious prisons in Maharashtra, the Nagpur central jail.This is an account of the nearly five years that Ferreira was imprisoned. We read in stark and unsparing detail about life in prison-the torture, the beatings, the corrupt system, the codes of behaviour among inmates, the strikes mounted by prisoners to protest brutality, the general air of helplessness and the small consolations that keep hope alive.In September 2011, Ferreira was acquitted of all charges and a breath away from freedom when he was re-arrested by plainclothes policemen at the prison gates. He never got a glimpse of his family who were waiting just outside. He began to fight the system all over again, until with the help of courageous friends and activists, he was cleared of all the trumped up charges that had put him in prison.Colors of the cage is the real story of what goes on behind bars-not the celluloid or novelistic version that readers will be familiar with. However, it is not just a gritty, harrowing account of life in prison but also a memoir of astonishing power and grace-about a mans stubborn fight for justice and the triumph of the human will.Arun Fereira gives us a clear-eyed, unsentimental account of custodial torture, years of imprisonment on false cases and the flagrant violation of procedure that passes as the rule of law. His experience is shared by tens of thousands of our fellow countrymen and women, most of whom do not have access to lawyers or legal aid. This country needs many more books like this one.

From Crime to Crime: Harold Shipman to Operation Midland - 17 cases that shocked the world


Richard Henriques - 2020
    

True Blue: Police Stories by Those Who Have Lived Them


Randy Sutton - 2004
    Hundreds of active and former officers from all over the United States responded: men and women from big cities and small towns, some who had written professionally, but most of whom were doing so for the first time. The result is True Blue, a collection of funny, charming, exciting, haunting stories about murder investigations, missing children, bungling burglars, car chases, lonely and desperate shut-ins, routine traffic stops, officers killed in the line of duty, and the life-changing events of September 11. Here, officers reveal their emotions as they recount the defining moments of their careers. Some of the stories include:-Two cops' desperate search for a missing child feared kidnapped -The revival of the one-month old baby who was shot in the face in a drive-by shooting-A patrol officer's dramatic showdown with a hostage-holding gunman-On-the-scene details of rescue and tragedy during the 9/11 terrorist attacks