Let the Lord Sort Them: The Rise and Fall of the Death Penalty


Maurice Chammah - 2021
    ANTHONY LUKAS AWARD In 1972, the United States Supreme Court made a surprising ruling: the country's death penalty system violated the Constitution. The backlash was swift, especially in Texas, where executions were considered part of the cultural fabric, and a dark history of lynching was masked by gauzy visions of a tough-on-crime frontier.When executions resumed, Texas quickly became the nationwide leader in carrying out the punishment. Then, amid a larger wave of criminal justice reform, came the death penalty's decline, a trend so durable that even in Texas the punishment appears again close to extinction.In Let the Lord Sort Them, Maurice Chammah charts the rise and fall of capital punishment through the eyes of those it touched. We meet Elsa Alcala, the orphaned daughter of a Mexican American family who found her calling as a prosecutor in the nation's death penalty capital, before becoming a judge on the state's highest court. We meet Danalynn Recer, a lawyer who became obsessively devoted to unearthing the life stories of men who committed terrible crimes, and fought for mercy in courtrooms across the state. We meet death row prisoners--many of them once-famous figures like Henry Lee Lucas, Gary Graham, and Karla Faye Tucker--along with their families and the families of their victims. And we meet the executioners, who struggle openly with what society has asked them to do.In tracing these interconnected lives against the rise of mass incarceration in Texas and the country as a whole, Chammah explores what the persistence of the death penalty tells us about forgiveness and retribution, fairness and justice, history and myth. Written with intimacy and grace, Let the Lord Sort Them is the definitive portrait of a particularly American institution.

Worse Than Slavery: Parchman Farm and the Ordeal of Jim Crow Justice


David M. Oshinsky - 1996
    Mississippi's Parchman State Penitentiary was the grandfather of them all, a hellhole where conditions were brutal. This epic history fills the gap between slavery and the civil rights era, showing how Parchman and Jim Crow justice proved that there could be something worse than slavery.

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."

Deadhouse: Life in a Coroner's Office


John Temple - 2005
    Ed Strimlan is a doctor who never got to practice medicine. Instead he discovers how people died. Mike Chichwak is a stolid ex-paramedic, respected around the office for his compassion and doggedness. Tiffani Hunt is twenty-one, a single mother who questions whether she wants to spend her nights around dead bodies.All three deputy coroners share one trait: a compulsive curiosity. A good thing too because any observation at a death scene can prove meaningful. A bag of groceries standing on a kitchen counter, the milk turning sour. A broken lamp lying on the carpet of an otherwise tidy living room. When they approach a corpse, the investigators consider everything. Is the victim face-up or down? How stiff are the limbs? Are the hands dirty or clean? By the time they bag the body and load it into the coroner's wagon, Tiffani, Ed, and Mike have often unearthed intimate details that are unknown even to the victim's family and friends.The intrigues of investigating death help make up for the bad parts of the job. There are plenty of burdens--grief-stricken families, decomposed bodies, tangled local politics, and gore. And maybe worst of all is the ever-present reminder of mortality and human frailness.Deadhouse also chronicles the evolution of forensic medicine, from early rituals performed over corpses found dead to the controversial advent of modern forensic pathology. It explains how pathologists "read" bullet wounds and lacerations, how someone dies from a drug overdose or a motorcycle crash or a drowning, and how investigators uncover the clues that lead to the truth.

Saving Justice: Truth, Transparency, and Trust


James Comey - 2021
    He knows better than most just what a force for good the US justice system can be, and how far afield it has strayed during the Trump Presidency. In his much-anticipated follow-up to A Higher Loyalty, Comey uses anecdotes and lessons from his career to show how the federal justice system works. From prosecuting mobsters as an Assistant US Attorney in the Southern District of New York in the 1980s to grappling with the legalities of anti-terrorism work as the Deputy Attorney General in the early 2000s to, of course, his tumultuous stint as FBI director beginning in 2013, Comey shows just how essential it is to pursue the primacy of truth for federal law enforcement. Saving Justice is gracefully written and honestly told, a clarion call for a return to fairness and equity in the law.

The Collapse of American Criminal Justice


William J. Stuntz - 2011
    Prosecutors now decide whom to punish and how severely. Almost no one accused of a crime will ever face a jury. Inconsistent policing, rampant plea bargaining, overcrowded courtrooms, and ever more draconian sentencing have produced a gigantic prison population, with black citizens the primary defendants and victims of crime. In this passionately argued book, the leading criminal law scholar of his generation looks to history for the roots of these problems--and for their solutions."The Collapse of American Criminal Justice" takes us deep into the dramatic history of American crime--bar fights in nineteenth-century Chicago, New Orleans bordellos, Prohibition, and decades of murderous lynching. Digging into these crimes and the strategies that attempted to control them, Stuntz reveals the costs of abandoning local democratic control. The system has become more centralized, with state legislators and federal judges given increasing power. The liberal Warren Supreme Court's emphasis on procedures, not equity, joined hands with conservative insistence on severe punishment to create a system that is both harsh and ineffective.What would get us out of this Kafkaesque world? More trials with local juries; laws that accurately define what prosecutors seek to punish; and an equal protection guarantee like the one that died in the 1870s, to make prosecution and punishment less discriminatory. Above all, Stuntz eloquently argues, Americans need to remember again that criminal punishment is a necessary but terrible tool, to use effectively, and sparingly.

Writing My Wrongs


Shaka Senghor - 2013
    He was a young drug dealer with a quick temper who had been hardened by what he experienced selling drugs on the unforgiving streets of Detroit. For years, as he served out his sentence for second degree murder, he blamed everybody else but himself for the decision he made to shoot on that fateful night. It wasn't until Shaka started writing about the pain from his childhood and his life on the streets that he was able to get at the root of the anger that led him to prison. Through the power of journaling, he accepted responsibility for his violent behavior and now uses his experience to help others avoid the same path.

Gunfight: The Battle over the Right to Bear Arms in America


Adam Winkler - 2011
    In the tradition of Gideon's Trumpet, Adam Winkler uses the landmark 2008 case District of Columbia v. Heller, which invalidated a law banning handguns in the nation's capital, as a springboard for a groundbreaking historical narrative. From the Founding Fathers and the Second Amendment to the origins of the Klan, ironically as a gun control organization, the debate over guns has always generated controversy. Whether examining the Black Panthers' role in provoking the modern gun rights movement or Ronald Reagan's efforts to curtail gun ownership, Winkler brilliantly weaves together the dramatic stories of gun rights advocates and gun control lobbyists, providing often unexpected insights into the venomous debate that now cleaves our nation.

Damnation Island: Poor, Sick, Mad, & Criminal in 19th-Century New York


Stacy Horn - 2018
    In 1828, when New York City purchased this narrow, two-mile-long island in the East River, it was called Blackwell’s Island. There, over the next hundred years, the city would send its insane, indigent, sick, and criminal. Told through the gripping voices of Blackwell’s inhabitants, as well as the period’s city officials, reformers, and journalists (including the famous Nellie Bly), Stacy Horn has crafted a compelling and chilling narrative.  Damnation Island recreates what daily life was like on the island, what politics shaped it, and what constituted charity and therapy in the nineteenth century. Throughout the book, we return to the extraordinary Blackwell’s missionary Reverend French, champion of the forgotten, as he ministers to these inmates, battles the bureaucratic mazes of the Corrections Department and a corrupt City Hall, testifies at salacious trials, and in his diary wonders about man’s inhumanity to man.   For history fans, and for anyone interested in the ways we care for the least fortunate among us, Damnation Island is an eye-opening look at a closed and secretive world. With a tale that is exceedingly relevant today, Horn shows us how far we’ve come—and how much work still remains.

Inside: Life Behind Bars in America


Michael G. Santos - 2006
    population will be confined in their lifetimes. Despite these disturbing numbers, little is known about life inside beyond the mythology of popular culture.Michael G. Santos, a federal prisoner nearing the end of his second decade of continuous confinement, has dedicated the last eighteen years to shedding light on the lives of the men warehoused in the American prison system. Inside: Life Behind Bars in America, his first book for the general public, takes us behind those bars and into the chaos of the cellblock.  Capturing the voices of his fellow prisoners with perfect pitch, Santos makes the tragic--- and at times inspiring---stories of men from the toughest gang leaders to the richest Wall Street criminals come alive. From drug schemes, murders for hire, and even a prostitution ring that trades on the flesh of female prison guards, this book contains the never-before-seen details of prison life that at last illuminate the varied ways in which men experience life behind bars in America.

I Can't Breathe: A Killing on Bay Street


Matt Taibbi - 2017
    On July 17, 2014, a forty-three-year-old black man named Eric Garner died on a Staten Island sidewalk after a police officer put him in what has been described as an illegal chokehold during an arrest for selling bootleg cigarettes. The final moments of Garner's life were captured on video and seen by millions. His agonized last words, "I can't breathe," became a rallying cry for the nascent Black Lives Matter protest movement. A grand jury ultimately declined to indict the officer who wrestled Garner to the pavement. Matt Taibbi's deeply reported retelling of these events liberates Eric Garner from the abstractions of newspaper accounts and lets us see the man in full—with all his flaws and contradictions intact. A husband and father with a complicated personal history, Garner was neither villain nor victim, but a fiercely proud individual determined to do the best he could for his family, bedeviled by bad luck, and ultimately subdued by forces beyond his control. In America, no miscarriage of justice exists in isolation, of course, and in I Can't Breathe Taibbi also examines the conditions that made this tragedy possible. Featuring vivid vignettes of life on the street and inside our Kafkaesque court system, Taibbi's kaleidoscopic account illuminates issues around policing, mass incarceration, the underground economy, and racial disparity in law enforcement. No one emerges unsullied, from the conservative district attorney who half-heartedly prosecutes the case to the progressive mayor caught between the demands of outraged activists and the foot-dragging of recalcitrant police officials. A masterly narrative of urban America and a scathing indictment of the perverse incentives built into our penal system, I Can't Breathe drills down into the particulars of one case to confront us with the human cost of our broken approach to dispensing criminal justice.

The Culture of Fear: Why Americans Are Afraid of the Wrong Things


Barry Glassner - 1999
    He exposes the people and organizations that manipulate our perceptions and profit from our anxieties: politicians who win elections by heightening concerns about crime and drug use even as both are declining; advocacy groups that raise money by exaggerating the prevalence of particular diseases; TV news-magazines that monger a new scare every week to garner ratings.

Terri: The Truth


Michael Schiavo - 2006
    But you don't know the truth. A religious zealot put a $250,000 bounty on my head, urging that I be tortured before I'm killed. I was condemned by the President of the United States, the majority leaders of the House and Senate, the governor of Florida, the Pope, Jesse Jackson, and the right-wing media. My two babies were threatened with death to teach me a lesson. On the night my wife died, snipers had to be posted on the roof of the hospice because of death threats." Michael Schiavo's memoir may not change your mind about the Terri Schiavo issue, but it will help you realize at what stakes it was waged.

Bloodsworth: The True Story of the First Death Row Inmate Exonerated by DNA


Tim Junkin - 2004
    From the beginning, he proclaimed his innocence, but when he was granted a new trial because his prosecutors improperly withheld evidence, the second trial also resulted in conviction. Bloodsworth read every book on criminal law in the prison library and persuaded a new lawyer to petition for the then-innovative DNA testing. After nine years in one of the harshest prisons in America, Kirk Bloodsworth was vindicated by DNA evidence. He was pardoned by the governor of Maryland and has gone on to become a tireless spokesman against capital punishment.

Live from Death Row


Mumia Abu-Jamal - 1995
    . . . Abu-Jamal offers expert and well-reasoned commentary on the justice system. . . . His writings are dangerous." –Village Voice"Resonates with the moral force of Martin Luther King, Jr.'s Letter From Birmingham Jail." –Boston GlobeAfter twenty years on death row, Mumia Abu-Jamal has been released from his death sentence . . .but not the conviction. This once prominent radio reporter was convicted for the murder of Philadelphia police officer Daniel Faulkner in 1982, after a trial many have criticized as profoundly biased. Live from Death Row is a collection of his prison writings--and impassioned yet unflinching account of the brutalities and humiliations of prison life, and a scathing indictment of racism and political bias in the American judicial system.