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.

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.

Carceral Capitalism


Jackie Wang - 2017
    When people are trapped in a cycle of debt it also can affect their subjectivity and how they temporally inhabit the world by making it difficult for them to imagine and plan for the future. What psychic toll does this have on residents? How does it feel to be routinely dehumanized and exploited by the police?—from Carceral CapitalismIn this collection of essays in Semiotext(e)'s Intervention series, Jackie Wang examines the contemporary incarceration techniques that have emerged since the 1990s. The essays illustrate various aspects of the carceral continuum, including the biopolitics of juvenile delinquency, predatory policing, the political economy of fees and fines, cybernetic governance, and algorithmic policing. Included in this volume is Wang's influential critique of liberal anti-racist politics, “Against Innocence,” as well as essays on RoboCop, techno-policing, and the aesthetic problem of making invisible forms of power legible.Wang shows that the new racial capitalism begins with parasitic governance and predatory lending that extends credit only to dispossess later. Predatory lending has a decidedly spatial character and exists in many forms, including subprime mortgage loans, student loans for sham for-profit colleges, car loans, rent-to-own scams, payday loans, and bail bond loans. Parasitic governance, Wang argues, operates through five primary techniques: financial states of exception, automation, extraction and looting, confinement, and gratuitous violence. While these techniques of governance often involve physical confinement and the state-sanctioned execution of black Americans, new carceral modes have blurred the distinction between the inside and outside of prison. As technologies of control are perfected, carcerality tends to bleed into society.

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.

Punishment and Inequality in America


Bruce Western - 2006
    For some racial and educational groups, incarceration has become a depressingly regular experience, and prison culture and influence pervade their communities. Almost 60 percent of black male high school drop-outs in their early thirties have spent time in prison. In Punishment and Inequality in America, sociologist Bruce Western explores the recent era of mass incarceration and the serious social and economic consequences it has wrought. Punishment and Inequality in America dispels many of the myths about the relationships among crime, imprisonment, and inequality. While many people support the increase in incarceration because of recent reductions in crime, Western shows that the decrease in crime rates in the 1990s was mostly fueled by growth in city police forces and the pacification of the drug trade. Getting tough on crime with longer sentences only explains about 10 percent of the fall in crime, but has come at a significant cost. Punishment and Inequality in America reveals a strong relationship between incarceration and severely dampened economic prospects for former inmates. Western finds that because of their involvement in the penal system, young black men hardly benefited from the economic boom of the 1990s. Those who spent time in prison had much lower wages and employment rates than did similar men without criminal records. The losses from mass incarceration spread to the social sphere as well, leaving one out of ten young black children with a father behind bars by the end of the 1990s, thereby helping perpetuate the damaging cycle of broken families, poverty, and crime. The recent explosion of imprisonment is exacting heavy costs on American society and exacerbating inequality. Whereas college or the military were once the formative institutions in young men's lives, prison has increasingly usurped that role in many communities. Punishment and Inequality in America profiles how the growth in incarceration came about and the toll it is taking on the social and economic fabric of many American communities.i

Fight of the Century: Writers Reflect on 100 Years of Landmark ACLU Cases


Michael ChabonSergio de la Pava - 2020
    A century after its founding, the ACLU remains the nation’s premier defender of the rights and freedoms guaranteed by the Constitution. In collaboration with the ACLU, prize-winning authors Michael Chabon and Ayelet Waldman have curated an anthology of essays about landmark cases in the ACLU’s 100-year history. In Fight of the Century, bestselling and award-winning authors present unique literary takes on historic decisions like Brown v. Board of Education, the Scopes trial, Roe v. Wade, and more. Contributors include Geraldine Brooks, Michael Cunningham, Jennifer Egan, Dave Eggers, Louise Erdrich, Neil Gaiman, Lauren Groff, Marlon James, Viet Thanh Nguyen, Morgan Parker, Ann Patchett, Salman Rushdie, George Saunders, Elizabeth Strout, Jesmyn Ward, Meg Wolitzer, and more. Fight of the Century shows how throughout American history, pivotal legal battles, fought primarily by underdogs and their lawyers, have advanced civil rights and social justice. The ACLU has been integral in this process. The essays range from personal memoir to narrative history, each shedding light on the work of one remarkable organization as it shaped a country. Chabon and Waldman are donating their advance to the ACLU and the contributors are forgoing payment.

Newjack: Guarding Sing Sing


Ted Conover - 1999
    When Conover’s request to shadow a recruit at the New York State Corrections Officer Academy was denied, he decided to apply for a job as a prison officer. So begins his odyssey at Sing Sing, once a model prison but now the state’s most troubled maximum-security facility. The result of his year there is this remarkable look at one of America’s most dangerous prisons, where drugs, gang wars, and sex are rampant, and where the line between violator and violated is often unclear.

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.

Marked: Race, Crime, and Finding Work in an Era of Mass Incarceration


Devah Pager - 2007
    Devah Pager matched up pairs of young men, randomly assigned them criminal records, then sent them on hundreds of real job searches throughout the city of Milwaukee. Her applicants were attractive, articulate, and capable—yet ex-offenders received less than half the callbacks of the equally qualified applicants without criminal backgrounds. Young black men, meanwhile, paid a particularly high price: those with clean records fared no better in their job searches than white men just out of prison. Such shocking barriers to legitimate work, Pager contends, are an important reason that many ex-prisoners soon find themselves back in the realm of poverty, underground employment, and crime that led them to prison in the first place.“Using scholarly research, field research in Milwaukee, and graphics, [Pager] shows that ex-offenders, white or black, stand a very poor chance of getting a legitimate job. . . . Both informative and convincing.”—Library Journal“Marked is that rare book: a penetrating text that rings with moral concern couched in vivid prose—and one of the most useful sociological studies in years.”—Michael Eric Dyson

The Rich Get Richer and the Poor Get Prison: Ideology, Class, and Criminal Justice


Jeffrey Reiman - 1979
    Also, this text discusses how this bias is accompanied with a general refusal to remedy the causes of crime--poverty, lack of education, and discrimination.

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.

A Time to Die: The Attica Prison Revolt


Tom Wicker - 1976
    Think Attica forty years ago, think Pelican Bay today. Then act."—Michael Ratner, president, Center for Constitutional Rights"[A Time to Die's] lessons about the racist underpinnings of mass incarceration, about the cynical politics that determine life-or-death decisions, and about the conditions that deny prisoners their basic humanity—are as relevant today as when it was first published."—Liliana Segura, associate editor, The NationIn September 1971 the inmates of Attica prison revolted, took hostages, and forced the authorities into four days of desperate negotiation. At the outset the rebels demanded—and were granted—the presence of a group of observers to act as unofficial mediators. Tom Wicker, then the associate editor of The New York Times, was one of those summoned. In four crucial days, he learned more, saw more, and felt more than in most of the rest of his life. In the end, a police attack was launched, and as a result dozens of prisoners, as well as prison employees, were killed.Tom Wicker, a former reporter, Washington bureau chief, and columnist for The New York Times, is the author of several books, including On the Record. He lives in Rochester, Vermont.

No Equal Justice: Race and Class in the American Criminal Justice System


David Cole - 1999
    Hailed as a “shocking and necessary book” by The Economist, it has become the standard reference point for anyone trying to understand the fundamental inequalities in the American legal system. The book, written by constitutional law scholar and civil liberties advocate David Cole, was named the best nonfiction book of 1999 by the Boston Book Review and the best book on an issue of national policy by the American Political Science Association.No Equal Justice examines subjects ranging from police behavior and jury selection to sentencing, and argues that our system does not merely fail to live up to the promise of equality, but actively requires double standards to operate. Such disparities,Cole argues, allow the privileged to enjoy constitutional protections from police power without paying the costs associated with extending those protections across the board to minorities and the poor.

Invisible No More: Police Violence Against Black Women and Women of Color


Andrea J. Ritchie - 2017
    Amid growing awareness of police violence, individual Black men including Michael Brown, Eric Garner, Philando Castile, and Freddie Gray have been the focus of most media-driven narratives. Yet Black women, Indigenous women, and other women of color also face daily police violence. Invisible No More places the individual stories of women and girls such as Sandra Bland, Dajerria Becton, Mya Hall, and Rekia Boyd into broader contexts, centering women of color within conversations around the twin epidemics of police violence and mass incarceration. Invisible No More also documents the evolution of a movement for justice for women of color targeted by police that has been building for decades, largely in the shadows of mainstream campaigns for racial justice and police accountability. Informed by twenty years of research and advocacy by Black lesbian immigrant and police-misconduct attorney Andrea Ritchie, this groundbreaking work demands a sea change in how police violence is understood by mainstream media, policymakers, academics, and the general public, as well as a radical rethinking of our visions of safety and the means we devote to achieving it."

The First Civil Right: How Liberals Built Prison America


Naomi Murakawa - 2014
    incarceration rate in the second half of the 20th century, and the racial transformation of the prison population from mostly white at mid-century to 65% black and Latino in the present day, is a trend that cannot easily be ignored. Many believe this shift began with the "tough on crime" policies advocated by Republicans and southern Democrats beginning in the late 1960s, which sought longer prison sentences, more frequent use of the death penalty, and the explicit or implicit targeting of politically marginalized people.In The First Civil Right, Naomi Murakawa inverts the conventional wisdom by arguing that the expansion of the federal carceral state--a system that disproportionately imprisons blacks and Latinos--was, in fact, rooted in the civil-rights liberalism of the 1940s and early 1960s, not in the period after.Murakawa traces the development of the modern American prison system through several presidencies, both Republican and Democrat. Responding to calls to end the lawlessness and violence against blacks at the state and local levels, the Truman administration expanded the scope of what was previously a weak federal system. Later administrations from Johnson to Clinton expanded the federal presence even more.Ironically, these steps laid the groundwork for the creation of the vast penal archipelago that now exists in the United States. What began as a liberal initiative to curb the mob violence and police brutality that had deprived racial minorities of their 'first civil right'--physical safety--eventually evolved into the federal correctional system that now deprives them, in unjustly large numbers, of another important right: freedom.The First Civil Right is a groundbreaking analysis of root of the conflicts that lie at the intersection of race and the legal system in America.