Unfair: The New Science of Criminal Injustice


Adam Benforado - 2015
    The evidence is all around us: Our system of justice is fundamentally broken.   But it’s not for the reasons we tend to think, as law professor Adam Benforado argues in this eye-opening, galvanizing book. Even if the system operated exactly as it was designed to, we would still end up with wrongful convictions, trampled rights, and unequal treatment. This is because the roots of injustice lie not inside the dark hearts of racist police officers or dishonest prosecutors, but within the minds of each and every one of us.   This is difficult to accept. Our nation is founded on the idea that the law is impartial, that legal cases are won or lost on the basis of evidence, careful reasoning and nuanced argument. But they may, in fact, turn on the camera angle of a defendant’s taped confession, the number of photos in a mug shot book, or a simple word choice during a cross-examination. In Unfair, Benforado shines a light on this troubling new field of research, showing, for example, that people with certain facial features receive longer sentences and that judges are far more likely to grant parole first thing in the morning.   Over the last two decades, psychologists and neuroscientists have uncovered many cognitive forces that operate beyond our conscious awareness. Until we address these hidden biases head-on, Benforado argues, the social inequality we see now will only widen, as powerful players and institutions find ways to exploit the weaknesses of our legal system.    Weaving together historical examples, scientific studies, and compelling court cases—from the border collie put on trial in Kentucky to the five teenagers who falsely confessed in the Central Park Jogger case—Benforado shows how our judicial processes fail to uphold our values and protect society’s weakest members. With clarity and passion, he lays out the scope of the legal system’s dysfunction and proposes a wealth of practical reforms that could prevent injustice and help us achieve true fairness and equality before the law.

A Colony in a Nation


Christopher L. Hayes - 2017
    With the clarity and originality that distinguished his prescient bestseller, Twilight of the Elites, Chris Hayes upends our national conversation on policing and democracy in a book of wide-ranging historical, social, and political analysis.Hayes contends our country has fractured in two: the Colony and the Nation. In the Nation, we venerate the law. In the Colony, we obsess over order, fear trumps civil rights, and aggressive policing resembles occupation. A Colony in a Nation explains how a country founded on justice now looks like something uncomfortably close to a police state. How and why did Americans build a system where conditions in Ferguson and West Baltimore mirror those that sparked the American Revolution?A Colony in a Nation examines the surge in crime that began in the 1960s and peaked in the 1990s, and the unprecedented decline that followed. Drawing on close-hand reporting at flashpoints of racial conflict, as well as deeply personal experiences with policing, Hayes explores cultural touchstones, from the influential “broken windows” theory to the “squeegee men” of late-1980s Manhattan, to show how fear causes us to make dangerous and unfortunate choices, both in our society and at the personal level. With great empathy, he seeks to understand the challenges of policing communities haunted by the omnipresent threat of guns. Most important, he shows that a more democratic and sympathetic justice system already exists―in a place we least suspect.A Colony in a Nation is an essential book―searing and insightful―that will reframe our thinking about law and order in the years to come.

Gang Leader for a Day: A Rogue Sociologist Takes to the Streets


Sudhir Venkatesh - 2008
    Gang Leader for a Day is the fascinating full story of how Sudhir Venkatesh managed to gain entrée into the gang, what he learned, and how his method revolutionized the academic establishment. When Venkatesh walked into an abandoned building in one of Chicago's most notorious housing projects, he was looking for people to take a multiple-choice survey on urban poverty. A first-year grad student, he would befriend a gang leader named JT and spend the better part of the next decade inside the projects under JT's protection, documenting what he saw there. Over the next seven years, Venkatesh observed JT and the rest of the gang as they operated their crack selling business, conducted PR within their community, and rose up or fell within the ranks of the gang's complex organizational structure. Gang Leader for a Day is an inside view into the morally ambiguous, highly intricate, often corrupt struggle to survive in an urban war zone. It is also the story of a complicated friendship between two young and ambitious men, a universe apart.

Our Kids: The American Dream in Crisis


Robert D. Putnam - 2015
    This is the America we believe in a nation of opportunity, constrained only by ability and effort. But during the last twenty-five years we have seen a disturbing opportunity gap emerge. Americans have always believed in equality of opportunity, the idea that all kids, regardless of their family background, should have a decent chance to improve their lot in life. Now, this central tenet of the American dream seems no longer true or at the least, much less true than it was. Robert Putnam about whom The Economist said, "His scholarship is wide-ranging, his intelligence luminous, his tone modest, his prose unpretentious and frequently funny," offers a personal but also authoritative look at this new American crisis. Putnam begins with his high school class of 1959 in Port Clinton, Ohio. By and large the vast majority of those students "our kids" went on to lives better than those of their parents. But their children and grandchildren have had harder lives amid diminishing prospects. Putnam tells the tale of lessening opportunity through poignant life stories of rich and poor kids from cities and suburbs across the country, drawing on a formidable body of research done especially for this book. Our Kids is a rare combination of individual testimony and rigorous evidence. Putnam provides a disturbing account of the American dream that should initiate a deep examination of the future of our country.

Rise of the Warrior Cop: The Militarization of America's Police Forces


Radley Balko - 2013
    As a result, our country has generally worked to keep the military out of law enforcement. But according to investigative reporter Radley Balko, over the last several decades, America’s cops have increasingly come to resemble ground troops. The consequences have been dire: the home is no longer a place of sanctuary, the Fourth Amendment has been gutted, and police today have been conditioned to see the citizens they serve as an other—an enemy.Today’s armored-up policemen are a far cry from the constables of early America. The unrest of the 1960s brought about the invention of the SWAT unit—which in turn led to the debut of military tactics in the ranks of police officers. Nixon’s War on Drugs, Reagan’s War on Poverty, Clinton’s COPS program, the post–9/11 security state under Bush and Obama: by degrees, each of these innovations expanded and empowered police forces, always at the expense of civil liberties. And these are just four among a slew of reckless programs.In Rise of the Warrior Cop, Balko shows how politicians’ ill-considered policies and relentless declarations of war against vague enemies like crime, drugs, and terror have blurred the distinction between cop and soldier. His fascinating, frightening narrative shows how over a generation, a creeping battlefield mentality has isolated and alienated American police officers and put them on a collision course with the values of a free society.

Woke Racism: How a New Religion Has Betrayed Black America


John McWhorter - 2021
    We want to speak up but fear we'll be seen as unwoke, or worse, labeled a racist. According to John McWhorter, the problem is that a well-meaning but pernicious form of antiracism has become, not a progressive ideology, but a religion--and one that's illogical, unreachable, and unintentionally neoracist.In Woke Racism, McWhorter reveals the workings of this new religion, from the original sin of "white privilege" and the weaponization of cancel culture to ban heretics, to the evangelical fervor of the "woke mob." He shows how this religion that claims to "dismantle racist structures" is actually harming his fellow Black Americans by infantilizing Black people, setting Black students up for failure, and passing policies that disproportionately damage Black communities. The new religion might be called "antiracism," but it features a racial essentialism that's barely distinguishable from racist arguments of the past.Fortunately for Black America, and for all of us, it's not too late to push back against woke racism. McWhorter shares scripts and encouragement with those trying to deprogram friends and family. And most importantly, he offers a roadmap to justice that actually will help, not hurt, Black America.

Ghettoside: A True Story of Murder in America


Jill Leovy - 2015
    His assailant ran down the street, jumped into an SUV, and vanished, hoping to join the vast majority of killers in American cities who are never arrested for their crimes. But as soon as the case was assigned to Detective John Skaggs, the odds shifted. Here is the kaleidoscopic story of the quintessential American murder--one young black man slaying another--and a determined crew of detectives whose creed was to pursue justice at all costs for its forgotten victims. Ghettoside is a fast-paced narrative of a devastating crime, an intimate portrait of detectives and a community bonded in tragedy, and a surprising new lens into the great subject of murder in America--why it happens and how the plague of killings might yet be stopped.

The End of Policing


Alex S. Vitale - 2017
    Among activists, journalists and politicians, the conversation about how to respond and improve policing has focused on accountability, diversity, training, and community relations. Unfortunately, these reforms will not produce results, either alone or in combination. The core of the problem must be addressed: the nature of modern policing itself.This book attempts to spark public discussion by revealing the tainted origins of modern policing as a tool of social control. It shows how the expansion of police authority is inconsistent with community empowerment, social justice—even public safety. Drawing on groundbreaking research from across the world, and covering virtually every area in the increasingly broad range of police work, Alex Vitale demonstrates how law enforcement has come to exacerbate the very problems it is supposed to solve.In contrast, there are places where the robust implementation of policing alternatives—such as legalization, restorative justice, and harm reduction—has led to a decrease in crime, spending, and injustice. The best solution to bad policing may be an end to policing.

The Color of Law: A Forgotten History of How Our Government Segregated America


Richard Rothstein - 2017
    Rather, The Color of Law incontrovertibly makes clear that it was de jure segregation—the laws and policy decisions passed by local, state, and federal governments—that actually promoted the discriminatory patterns that continue to this day.Through extraordinary revelations and extensive research that Ta-Nehisi Coates has lauded as "brilliant" (The Atlantic), Rothstein comes to chronicle nothing less than an untold story that begins in the 1920s, showing how this process of de jure segregation began with explicit racial zoning, as millions of African Americans moved in a great historical migration from the south to the north.As Jane Jacobs established in her classic The Death and Life of Great American Cities, it was the deeply flawed urban planning of the 1950s that created many of the impoverished neighborhoods we know. Now, Rothstein expands our understanding of this history, showing how government policies led to the creation of officially segregated public housing and the demolition of previously integrated neighborhoods. While urban areas rapidly deteriorated, the great American suburbanization of the post–World War II years was spurred on by federal subsidies for builders on the condition that no homes be sold to African Americans. Finally, Rothstein shows how police and prosecutors brutally upheld these standards by supporting violent resistance to black families in white neighborhoods.The Fair Housing Act of 1968 prohibited future discrimination but did nothing to reverse residential patterns that had become deeply embedded. Yet recent outbursts of violence in cities like Baltimore, Ferguson, and Minneapolis show us precisely how the legacy of these earlier eras contributes to persistent racial unrest. “The American landscape will never look the same to readers of this important book” (Sherrilyn Ifill, president of the NAACP Legal Defense Fund), as Rothstein’s invaluable examination shows that only by relearning this history can we finally pave the way for the nation to remedy its unconstitutional past.

The New Jim Crow: Mass Incarceration in the Age of Colorblindness


Michelle Alexander - 2010
    His great-grandfather was beaten to death by the Klu Klux Klan for attempting to vote. His grandfather was prevented from voting by Klan intimidation; his father was barred by poll taxes and literacy tests. Today, Cotton cannot vote because he, like many black men in the United States, has been labeled a felon and is currently on parole."As the United States celebrates the nation's "triumph over race" with the election of Barack Obama, the majority of young black men in major American cities are locked behind bars or have been labeled felons for life. Although Jim Crow laws have been wiped off the books, an astounding percentage of the African American community remains trapped in a subordinate status--much like their grandparents before them.In this incisive critique, former litigator-turned-legal-scholar Michelle Alexander provocatively argues that we have not ended racial caste in America: we have simply redesigned it. Alexander shows that, by targeting black men and decimating communities of color, the U.S. criminal justice system functions as a contemporary system of racial control, even as it formally adheres to the principle of color blindness. The New Jim Crow challenges the civil rights community--and all of us--to place mass incarceration at the forefront of a new movement for racial justice in America.

Biased: Uncovering the Hidden Prejudice That Shapes What We See, Think, and Do


Jennifer L. Eberhardt - 2019
    With a perspective that is scientific, investigative, and personal, Jennifer L. Eberhardt offers a reasoned look into the effects of implicit racial bias, ranging from the subtle to the dramatic. Racial bias can lead to disparities in education, employment, housing, and the criminal justice system--and then those very disparities further reinforce the problem. In Biased, Eberhardt reveals how even when we are not aware of bias and genuinely wish to treat all people equally, ingrained stereotypes infect our visual perception, attention, memory, and behavior.Eberhardt's extensive work as a consultant to law enforcement, as well as a researcher with unprecedented access to data, including footage from police officers' body-worn cameras, informs every aspect of her book and makes it much more than a work of social psychology. Her research occurs not just in the laboratory but in police departments, courtrooms, prisons, boardrooms, and on the street. Interviews are interwoven with memories and stories from Eberhardt's own life and family. She offers practical suggestions for reform, and takes the reader behind the scenes to police departments implementing her suggestions. Refusing to shy away from the tragic consequences of prejudice, Eberhardt addresses how racial bias is not the fault of, or restricted to, a few "bad apples" in police departments or other institutions. We can see evidence of bias at all levels of society in media, education, and business practices. In Biased, Eberhardt reminds us that racial bias is a human problem--one all people can play a role in solving.

American Prison: A Reporter's Undercover Journey into the Business of Punishment


Shane Bauer - 2018
    An award-winning investigative journalist, he used his real name; In American Prison, Bauer weaves a much deeper reckoning with his experiences together with a thoroughly researched history of for-profit prisons in America from their origins in the decades before the Civil War. For, as he soon realized, we can't understand the cruelty of our current system and its place in the larger story of mass incarceration without understanding where it came from. Private prisons became entrenched in the South as part of a systemic effort to keep the African-American labor force in place in the aftermath of slavery, and the echoes of these shameful origins are with us still.

Evicted: Poverty and Profit in the American City


Matthew Desmond - 2016
    Evicted transforms our understanding of poverty and economic exploitation while providing fresh ideas for solving one of 21st-century America's most devastating problems. Its unforgettable scenes of hope and loss remind us of the centrality of home, without which nothing else is possible.

Locking Up Our Own: Crime and Punishment in Black America


James Forman Jr. - 2017
    Critics have assailed the rise of mass incarceration, emphasizing its disproportionate impact on people of color. As James Forman, Jr., points out, however, the war on crime that began in the 1970s was supported by many African American leaders in the nation’s urban centers. In Locking Up Our Own, he seeks to understand why.Forman shows us that the first substantial cohort of black mayors, judges, and police chiefs took office amid a surge in crime and drug addiction. Many prominent black officials, including Washington, D.C. mayor Marion Barry and federal prosecutor Eric Holder, feared that the gains of the civil rights movement were being undermined by lawlessness—and thus embraced tough-on-crime measures, including longer sentences and aggressive police tactics. In the face of skyrocketing murder rates and the proliferation of open-air drug markets, they believed they had no choice. But the policies they adopted would have devastating consequences for residents of poor black neighborhoods.A former D.C. public defender, Forman tells riveting stories of politicians, community activists, police officers, defendants, and crime victims. He writes with compassion about individuals trapped in terrible dilemmas—from the men and women he represented in court to officials struggling to respond to a public safety emergency. Locking Up Our Own enriches our understanding of why our society became so punitive and offers important lessons to anyone concerned about the future of race and the criminal justice system in this country.

Charged: Overzealous Prosecutors, the Quest for Mercy, and the Fight to Transform Criminal Justice in America


Emily Bazelon - 2019
    But in practice, it is prosecutors who have the upper hand, in a contest that is far from equal. More than anyone else, prosecutors decide who goes free and who goes to prison, and even who lives and who dies. The system wasn't designed for this kind of unchecked power, and in Charged, Emily Bazelon shows that it is an underreported cause of enormous injustice—and the missing piece in the mass incarceration puzzle.But that's only half the story. Prosecution in America is at a crossroads. The power of prosecutors makes them the actors in the system—the only actors—who can fix what's broken without changing a single law. They can end mass incarceration, protect against coercive plea bargains and convicting the innocent, and tackle racial bias. And because in almost every state we, the people, elect prosecutors, it is within our power to reshape the choices they make. In the last few years, for the first time in American history, a wave of reform-minded prosecutors has taken office in major cities throughout the country. Bazelon follows them, showing the difference they make for people caught in the system and how they are coming together as a new kind of lobby for justice and mercy.In Charged, Emily Bazelon mounts a major critique of the American criminal justice system—and also offers a way out.