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.

The Cadaver King and the Country Dentist: A True Story of Injustice in the American South


Radley Balko - 2018
    Together they spent a combined thirty years in prison before finally being exonerated in 2008. Meanwhile, the real killer remained free.The Cadaver King and the Country Dentist chronicles how the courts and Mississippi's death investigation system--a relic of the Jim Crow era--failed to deliver justice for its citizens and recounts the horrifying story of the two men who built successful careers on the back of this system. For nearly two decades, medical examiner Dr. Steven Hayne performed the vast majority of Mississippi's autopsies, while his friend Dr. Michael West, a local dentist, pitched himself as a forensic jack-of-all-trades. Together they became the go-to experts for prosecutors and helped put countless Mississippians in prison. But then some of those convictions began to fall apart. Radley Balko and Tucker Carrington argue that bad forensics, structural racism, and institutional failures are at fault, and raise sobering questions about our criminal justice system's ability to address them.

The Divide: American Injustice in the Age of the Wealth Gap


Matt Taibbi - 2014
    Crime goes down. The prison population doubles. Fraud by the rich wipes out 40 percent of the world's wealth. The rich get massively richer. No one goes to jail.In search of a solution, journalist Matt Taibbi discovered the Divide, the seam in American life where our two most troubling trends--growing wealth inequality and mass incarceration--come together, driven by a dramatic shift in American citizenship: Our basic rights are now determined by our wealth or poverty. The Divide is what allows massively destructive fraud by the hyperwealthy to go unpunished, while turning poverty itself into a crime--but it's impossible to see until you look at these two alarming trends side by side.

Supreme Inequality: The Supreme Court's Fifty-Year Battle for a More Unjust America


Adam Cohen - 2020
    But when Warren announced his retirement in 1968, newly elected President Richard Nixon, who had been working tirelessly behind the scenes to put a stop to what he perceived as the Court's liberal agenda, had his new administration launch a total assault on the Warren Court's egalitarian victories, moving to dismantle its legacy and replace liberal justices with others more loyal to his views. During his six years in office, he appointed four justices to the Supreme Court, thereby setting its course for the next fifty years.In Supreme Inequality, Adam Cohen surveys the most significant Supreme Court rulings since Nixon and exposes how rarely the Court has veered away from a pro-corporate agenda. Contrary to what Americans might like to believe, the Court does not protect equally the rights of the poor and disadvantaged, and, in fact, hasn't for decades. Many of the greatest successes of the Warren Court, such as school desegregation, labor unions, voting rights, and class action suits, have been abandoned in favor of rulings that protect privileged Americans who tend to be white, wealthy, and powerful.As the nation comes to grips with two newly Trump-appointed justices, Cohen proves beyond doubt that the trajectory of today's Court is the result of decisions made fifty years ago, decisions that have contributed directly and grievously to our nation's soaring inequality. An triumph of American legal, political, and social history, Supreme Inequality holds to account the highest court in the land, and should shake to its core any optimistic faith we might have in it to provide checks and balances.

The Lynching: The Epic Courtroom Battle That Brought Down the Klan


Laurence Leamer - 2016
    The young men were members of Klavern 900 of the United Klans of America. They were seeking to retaliate after a largely black jury could not reach a verdict in a trial involving a black man accused of the murder of a white man. The two Klansmen found nineteen-year-old Michael Donald walking home alone. Hays and Knowles abducted him, beat him, cut his throat, and left his body hanging from a tree branch in a racially-mixed residential neighborhood.Arrested, charged, and convicted, Hays was sentenced to death—the first time in nearly a century that the state of Alabama had found a white man guilty of killing a black man. On behalf of Michael’s grieving mother, Morris Dees, the legendary civil rights lawyer and co-founder of the Southern Poverty Law Center, filed a civil suit against the members of the local Klan unit involved and the UKA, the largest Klan organization. Charging them with conspiracy, Dees put the Klan on trial, resulting in a verdict that would level a deadly blow to its organization.Based on countless interviews and extensive archival research, The Lynching brings to life two dramatic trials, during which the Alabama Klan's motives and philosophy were exposed for the evil they represent. In addition to telling a gripping and consequential story, Laurence Leamer chronicles the KKK and its activities in the second half the twentieth century, and illuminates its lingering effect on race relations in America today.

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.

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.

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.

Punishment Without Crime: How Our Massive Misdemeanor System Traps the Innocent and Makes America More Unequal


Alexandra Natapoff - 2018
    Based on extensive original research, legal scholar Alexandra Natapoff reveals the inner workings of a massive petty offense system that produces over 13 million cases each year. People arrested for minor crimes are swept through courts where defendants often lack lawyers, judges process cases in mere minutes, and nearly everyone pleads guilty. This misdemeanor machine starts punishing people long before they are convicted; it punishes the innocent; and it punishes conduct that never should have been a crime. As a result, vast numbers of Americans--most of them poor and people of color--are stigmatized as criminals, impoverished through fines and fees, and stripped of drivers' licenses, jobs, and housing.For too long, misdemeanors have been ignored. But they are crucial to understanding our punitive criminal system and our widening economic and racial divides.

Invisible: The Forgotten Story of the Black Woman Lawyer Who Took Down America's Most Powerful Mobster


Stephen L. Carter - 2017
    When special prosecutor Thomas E. Dewey selected twenty lawyers to help him clean up the city’s underworld, she was the only member of his team who was not a white male.Eunice Hunton Carter, Stephen Carter’s grandmother, was raised in a world of stultifying expectations about race and gender, yet by the 1940s, her professional and political successes had made her one of the most famous black women in America. But her triumphs were shadowed by prejudice and tragedy. Greatly complicating her rise was her difficult relationship with her younger brother, Alphaeus, an avowed Communist who ― together with his friend Dashiell Hammett ― would go to prison during the McCarthy era. Yet she remained unbowed.Moving, haunting, and as fast-paced as a novel, Invisible tells the true story of a woman who often found her path blocked by the social and political expectations of her time. But Eunice Carter never accepted defeat, and thanks to her grandson’s remarkable book, her long forgotten story is once again visible.

Devil in the Grove: Thurgood Marshall, the Groveland Boys, and the Dawn of a New America


Gilbert King - 2012
    Board of Education before the U.S. Supreme Court when he became embroiled in an explosive and deadly case that threatened to change the course of the civil rights movement and cost him his life.In 1949, Florida’s orange industry was booming, and citrus barons got rich on the backs of cheap Jim Crow labor. To maintain order and profits, they turned to Willis V. McCall, a violent sheriff who ruled Lake County with murderous resolve. When a white seventeen-year-old Groveland girl cried rape, McCall was fast on the trail of four young blacks who dared to envision a future for themselves beyond the citrus groves. By day’s end, the Ku Klux Klan had rolled into town, burning the homes of blacks to the ground and chasing hundreds into the swamps, hell-bent on lynching the young men who came to be known as “the Groveland Boys.”And so began the chain of events that would bring Thurgood Marshall, the man known as “Mr. Civil Rights,” into the deadly fray. Associates thought it was suicidal for him to wade into the “Florida Terror” at a time when he was irreplaceable to the burgeoning civil rights movement, but the lawyer would not shrink from the fight—not after the Klan had murdered one of Marshall’s NAACP associates involved with the case and Marshall had endured continual threats that he would be next.Drawing on a wealth of never-before-published material, including the FBI’s unredacted Groveland case files, as well as unprecedented access to the NAACP’s Legal Defense Fund files, King shines new light on this remarkable civil rights crusader, setting his rich and driving narrative against the heroic backdrop of a case that U.S. Supreme Court justice Robert Jackson decried as “one of the best examples of one of the worst menaces to American justice.”

One Person, No Vote: How Voter Suppression Is Destroying Our Democracy


Carol Anderson - 2018
    With One Person, No Vote, she chronicles a related history: the rollbacks to African American participation in the vote since the 2013 Supreme Court decision that eviscerated the Voting Rights Act of 1965. Known as the Shelby ruling, this decision effectively allowed districts with a demonstrated history of racial discrimination to change voting requirements without approval from the Department of Justice.Focusing on the aftermath of Shelby, Anderson follows the astonishing story of government-dictated racial discrimination unfolding before our very eyes as more and more states adopt voter suppression laws. In gripping, enlightening detail she explains how voter suppression works, from photo ID requirements to gerrymandering to poll closures. And with vivid characters, she explores the resistance: the organizing, activism, and court battles to restore the basic right to vote to all Americans as the nation gears up for the 2018 midterm elections.

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.

Just Mercy: A Story of Justice and Redemption


Bryan Stevenson - 2014
    The case exemplifies how the death penalty in America is a direct descendant of lynching — a system that treats the rich and guilty better than the poor and innocent.

From the War on Poverty to the War on Crime: The Making of Mass Incarceration in America


Elizabeth Hinton - 2016
    How did the “land of the free” become the home of the world’s largest prison system? Challenging the belief that America’s prison problem originated with the Reagan administration’s War on Drugs, Elizabeth Hinton traces the rise of mass incarceration to an ironic source: the social welfare programs of Lyndon Johnson’s Great Society at the height of the civil rights era.Johnson’s War on Poverty policies sought to foster equality and economic opportunity. But these initiatives were also rooted in widely shared assumptions about African Americans’ role in urban disorder, which prompted Johnson to call for a simultaneous War on Crime. The 1965 Law Enforcement Assistance Act empowered the national government to take a direct role in militarizing local police. Federal anticrime funding soon incentivized social service providers to ally with police departments, courts, and prisons. Under Richard Nixon and his successors, welfare programs fell by the wayside while investment in policing and punishment expanded. Anticipating future crime, policymakers urged states to build new prisons and introduced law enforcement measures into urban schools and public housing, turning neighborhoods into targets of police surveillance.By the 1980s, crime control and incarceration dominated national responses to poverty and inequality. The initiatives of that decade were less a sharp departure than the full realization of the punitive transformation of urban policy implemented by Republicans and Democrats alike since the 1960s.