Texas Tough: The Rise of America's Prison Empire


Robert Perkinson - 2010
    The most locked-down state in the nation has led the way in criminal justice severity, from assembly-line executions to isolation supermaxes, from prison privatization to sentencing juveniles as adults. Texas Tough, a sweeping history of American imprisonment from the days of slavery to the present, shows how a plantation-based penal system once dismissed as barbaric became the national template.Drawing on convict accounts, official records, and interviews with prisoners, guards, and lawmakers, historian Robert Perkinson reveals the Southern roots of our present-day prison colossus. While conventional histories emphasize the North’s rehabilitative approach, he shows how the retributive and profit-driven regime of the South ultimately triumphed. Most provocatively, he argues that just as convict leasing and segregation emerged in response to Reconstruction, so today’s mass incarceration, with its vast racial disparities, must be seen as a backlash against civil rights.Illuminating for the first time the origins of America’s prison juggernaut, Texas Tough points toward a more just and humane future.

Presumed Guilty: How the Supreme Court Empowered the Police and Fostered Racial Discrimination in the Criminal Justice System


Erwin Chemerinsky - 2021
    The fact that police are nine times more likely to kill Black men than other Americans is no accident; it is the result of an elaborate body of doctrines that allow the police and courts to presume that suspects are guilty before being charged.Demonstrating how the pro-defendant Warren Court was a brief historical aberration, Erwin Chemerinsky shows how this more liberal era ended with Nixon’s presidency and the ascendance of conservative justices, whose rulings―like Terry v. Ohio and Los Angeles v. Lyons―have permitted stops and frisks, limited suits to reform police departments, and even abetted the use of choke holds. Presumed Guilty concludes that an approach to policing that continues to exalt “Dirty Harry” can be transformed only by a robust court system committed to civil rights.

All Deliberate Speed: Reflections on the First Half-Century of Brown v. Board of Education


Charles J. Ogletree Jr. - 2004
    A measured blend of personal memoir, exacting legal analysis, and brilliant insight, Ogletree's eyewitness account of the legacy of Brown v. Board of Education offers a unique vantage point from which to view five decades of race relations in America.

The Rise of Big Data Policing: Surveillance, Race, and the Future of Law Enforcement


Andrew Guthrie Ferguson - 2017
    The Rise of Big Data Policing introduces the cutting-edge technology that is changing how the police do their jobs and shows why it is more important than ever that citizens understand the far-reaching consequences of big data surveillance as a law enforcement tool.Andrew Guthrie Ferguson reveals how these new technologies --viewed as race-neutral and objective--have been eagerly adopted by police departments hoping to distance themselves from claims of racial bias and unconstitutional practices. After a series of high-profile police shootings and federal investigations into systemic police misconduct, and in an era of law enforcement budget cutbacks, data-driven policing has been billed as a way to "turn the page" on racial bias.But behind the data are real people, and difficult questions remain about racial discrimination and the potential to distort constitutional protections.In this first book on big data policing, Ferguson offers an examination of how new technologies will alter the who, where, when and how we police. These new technologies also offer data-driven methods to improve police accountability and to remedy the underlying socio-economic risk factors that encourage crime.The Rise of Big Data Policing is a must read for anyone concerned with how technology will revolutionize law enforcement and its potential threat to the security, privacy, and constitutional rights of citizens.Read an excerpt and interview with Andrew Guthrie Ferguson in The Economist.

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.

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.

Race Against Time: A Reporter Reopens the Unsolved Murder Cases of the Civil Rights Era


Jerry Mitchell - 2020
    The killings would become known as the “Mississippi Burning” case and even though the killers’ identities, including the sheriff’s deputy, were an open secret, no one was charged with murder in the months and years that followed. It took forty-one years before the mastermind was brought to trial and finally convicted for the three innocent lives he took. If there is one man who helped pave the way for justice, it is investigative reporter Jerry Mitchell. In Race Against Time, Mitchell takes readers on the twisting, pulse-racing road that led to the reopening of four of the most infamous killings from the days of the civil rights movement, decades after the fact. His work played a central role in bringing killers to justice for the assassination of Medgar Evers, the firebombing of Vernon Dahmer, the 16th Street Church bombing in Birmingham and the Mississippi Burning case. His efforts have put four leading Klansmen behind bars, years after they thought they had gotten away with murder.

Ordinary Injustice: How America Holds Court


Amy Bach - 2009
    Less visible is the chronic injustice meted out daily by a profoundly defective system.In a sweeping investigation that moves from small-town Georgia to upstate New York, from Chicago to Mississippi, Amy Bach reveals a judicial process so deeply compromised that it constitutes a menace to the people it is designed to serve. Here is the public defender who pleads most of his clients guilty; the judge who sets outrageous bail for negligible crimes; the prosecutor who brings almost no cases to trial; the court that works together to achieve a wrong verdict. Going beyond the usual explanations of bad apples and meager funding, Bach identifies an assembly-line approach that rewards shoddiness and sacrifices defendants to keep the court calendar moving, and she exposes the collusion between judge, prosecutor, and defense that puts the interests of the system above the obligation to the people. It is time, Bach argues, to institute a new method of checks and balances that will make injustice visible--the first and necessary step to any reform.Full of gripping human stories, sharp analyses, and a crusader's sense of urgency, "Ordinary Injustice" is a major reassessment of the health of the nation's courtrooms.

Courtroom 302: A Year Behind the Scenes in an American Criminal Courthouse


Steve Bogira - 2005
    Here we see the system through the eyes of the men and women who experience it, not only in the courtroom but in the lockup, the jury room, the judge's chambers, the spectators' gallery. From the daily grind of the court to the highest-profile case of the year, Steve Bogira's masterful investigation raises fundamental issues of race, civil rights, and justice in America.

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.

Policing the Black Man: Arrest, Prosecution, and Imprisonment


Angela J. Davis - 2017
    Contributing authors include Bryan Stevenson (Director of the Equal Justice Institute, NYU Law Professor, and author of New York Times bestseller Just Mercy), Sherrilyn Ifill (President and Director-Counsel of the NAACP Legal Defense Fund), Jeremy Travis (President of John Jay College of Criminal Justice), and many others. Policing the Black Man explores and critiques the many ways the criminal justice system impacts the lives of African American boys and men at every stage of the criminal process from arrest through sentencing. Essays range from an explication of the historical roots of racism in the criminal justice system to an examination of modern-day police killings of unarmed black men. The co-authors discuss and explain racial profiling, the power and discretion of police and prosecutors, the role of implicit bias, the racial impact of police and prosecutorial decisions, the disproportionate imprisonment of black men, the collateral consequences of mass incarceration, and the Supreme Court's failure to provide meaningful remedies for the injustices in the criminal justice system. Policing the Black Man is an enlightening must-read for anyone interested in the critical issues of race and justice in America.

The Second Founding: How the Civil War and Reconstruction Remade the Constitution


Eric Foner - 2019
    The Reconstruction amendments abolished slavery, guaranteed due process and the equal protection of the law, and equipped black men with the right to vote. The federal government, not the states, was put in charge of enforcement. By grafting the principle of equality onto the Constitution, the amendments marked the second founding of the United States.Eric Foner’s rich, insightful history conveys the dramatic origins of these revolutionary amendments in citizen meetings and political negotiations. He explores the momentous court decisions that then narrowed and even nullified the rights guaranteed in these amendments. Today, issues of birthright citizenship, voting rights, due process, and equal protection are still in dispute, the ideal of equality yet to be achieved.

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.

How the Other Half Lives


Jacob A. Riis - 1890
    With more than 1,700 titles, Penguin Classics represents a global bookshelf of the best works throughout history and across genres and disciplines. Readers trust the series to provide authoritative texts enhanced by introductions and notes by distinguished scholars and contemporary authors, as well as up-to-date translations by award-winning translators.

Hell Is a Very Small Place: Voices from Solitary Confinement


Jean Casella - 2016
    Yet the United States holds more than eighty thousand people in isolation on any given day. Now sixteen authors vividly describe the miserable realities of life in solitary.In a book that will add a startling new dimension to the debates around human rights and prison reform, former and current prisoners describe the devastating effects of solitary confinement on their minds and bodies, the solidarity expressed between individuals who live side by side for years without ever meeting one another face to face, the ever-present specters of madness and suicide, and the struggle to maintain hope and humanity.These firsthand accounts are supplemented by the writing of noted experts, exploring the psychological, legal, ethical, and political dimensions of solitary confinement, and a comprehensive introduction by James Ridgeway and Jean Casella. Sarah Shourd, herself a survivor of more than a year of solitary confinement, writes eloquently in a preface about an experience that changed her life.