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.

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.

Actual Innocence: When Justice Goes Wrong and How to Make it Right


Barry Scheck - 2000
    Now updated with new information, Actual Innocence sheds light on “a system that tolerates lying prosecutors, slumbering defense attorneys and sloppy investigators” (Salt Lake Tribune)—revealing the shocking flaws that can derail the legal process and the ways that DNA testing has often shattered so-called solid evidence that condemned American citizens to death.

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.

Gideon's Trumpet


Anthony Lewis - 1964
    To most laymen this would seem to provide grounds for a new trial, but the fact is that until the Supreme Court heard Gideon's case, an indigent prisoner did not have the right to a lawyer in many state courts.The case of Gideon v. Wainwright changed all that. The Supreme Court decided to hear Gideon's plea, and it appointed Abe Fortas, a noted Washington lawyer, to represent him.On March 18, 1963, the Court announced its historic decision: the Justices unanimously overruled an earlier case and held that henceforth the "due process of law" guaranteed by the Fourteenth Amendment meant that poverty alone could not deprive a criminal defendant of the right to counsel. For Gideon this meant a new trial, and this time, with the help of a lawyer, he was acquitted.But Gideon's Trumpet is far more than the dramatic story of a single case whose reverberations will change the lives of thousands of other prisoners; it is also an inspiring examination and interpretation of the role of the Supreme Court itself. The reader learns much of the history of the Court, of the constitutional and criminal law in the United States, of the philosophies of law of various Justices, of changing historical interpretations of the Bill of Rights and its various amendments, and of the modus operandi of the Court day by day.Anthony Lewis writes about the complex and momentous issues involved in Gideon v. Wainwright with simplicity, clarity and precision, and his portrait of Gideon and his dogged fight for freedom is as poignant and, in the words of one distinguished reader, "as absorbing as the best fiction."

Injustice: Life and Death in the Courtrooms of America


Clive Stafford Smith - 2012
    This remarkable book reads like a page-turning detective story, with one crucial difference: can we be sure that justice wll be served at the end?In 1986, Kris Maharaj, a British businesman living in Miami, was arrested for the brutal murder of two ex-business associates. His lawyer did not present a strong alibi; Kris was found guilty and sentenced to death in the electric chair.It wasn't until a young lawyer working for nothing, Clive Stafford Smith, took on his case that strong evidence began to emerge that the state of Florida had got the wrong man. So far, so good - except that, as Stafford Smith argues here so compellingly, the American justice system is actually designed to ignore innocence. Twenty-six years later, Maharaj is still in jail.Step by step, Stafford Smith untangles the Maharaj case and the system that makes disasters like this inveitable. His conclusions will act as a wake-up call for those who condone legislaion which threatens basic human rights and, at the same time, the personal story he tells demonstrates that determination can challenge the institutions that surreptitously threaten our freedom.

On the Run: Fugitive Life in an American City


Alice Goffman - 2014
    Arrest quotas and high-tech surveillance techniques criminalize entire blocks, and transform the very associations that should stabilize young lives—family, relationships, jobs—into liabilities, as the police use such relationships to track down suspects, demand information, and threaten consequences. Alice Goffman spent six years living in one such neighborhood in Philadelphia, and her close observations and often harrowing stories reveal the pernicious effects of this pervasive policing. Goffman introduces us to an unforgettable cast of young African American men who are caught up in this web of warrants and surveillance—some of them small-time drug dealers, others just ordinary guys dealing with limited choices. All find the web of presumed criminality, built as it is on the very associations and friendships that make up a life, nearly impossible to escape. We watch as the pleasures of summer-evening stoop-sitting are shattered by the arrival of a carful of cops looking to serve a warrant; we watch—and can’t help but be shocked—as teenagers teach their younger siblings and cousins how to run from the police (and, crucially, to keep away from friends and family so they can stay hidden); and we see, over and over, the relentless toll that the presumption of criminality takes on families—and futures. While not denying the problems of the drug trade, and the violence that often accompanies it, through her gripping accounts of daily life in the forgotten neighborhoods of America's cities, Goffman makes it impossible for us to ignore the very real human costs of our failed response—the blighting of entire neighborhoods, and the needless sacrifice of whole generations.

Tangled Vines: Greed, Murder, Obsession, and an Arsonist in the Vineyards of California


Frances Dinkelspiel - 2015
    Within hours, the flames had destroyed 4.5 million bottles of California's finest wine worth more than $250 million, making it the largest destruction of wine in history. The fire had been deliberately set by a passionate oenophile named Mark Anderson, a skilled con man and thief with storage space at the warehouse who needed to cover his tracks. With a propane torch and a bucket of gasoline-soaked rags, Anderson annihilated entire California vineyard libraries as well as bottles of some of the most sought-after wines in the world. Among the priceless bottles destroyed were 175 bottles of Port and Angelica from one of the oldest vineyards in California made by Frances Dinkelspiel's great-great grandfather, Isaias Hellman, in 1875. Sadly, Mark Anderson was not the first to harm the industry. The history of the California wine trade, dating back to the 19th Century, is a story of vineyards with dark and bloody pasts, tales of rich men, strangling monopolies, the brutal enslavement of vineyard workers and murder. Five of the wine trade murders were associated with Isaias Hellman's vineyard in Rancho Cucamonga beginning with the killing of John Rains who owned the land at the time. He was shot several times, dragged from a wagon and left off the main road for the coyotes to feed on. In her new book, Frances Dinkelspiel looks beneath the casually elegant veneer of California's wine regions to find the obsession, greed and violence lying in wait. Few people sipping a fine California Cabernet can even guess at the Tangled Vines where its life began.

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.

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."

A Wild Justice: The Death and Resurrection of Capital Punishment in America


Evan Mandery - 2013
    But in 1962, Justice Arthur Goldberg and his clerk Alan Dershowitz dared to suggest otherwise, launching an underfunded band of civil rights attorneys on a quixotic crusade. In 1972, in a most unlikely victory, the Supreme Court struck down Georgia's death penalty law in Furman v. Georgia. Though the decision had sharply divided the justices, nearly everyone, including the justices themselves, believed Furman would mean the end of executions in America. Instead, states responded with a swift and decisive showing of support for capital punishment. As anxiety about crime rose and public approval of the Supreme Court declined, the stage was set in 1976 for Gregg v. Georgia, in which the Court dramatically reversed direction.A Wild Justice is an extraordinary behind-the-scenes look at the Court, the justices, and the political complexities of one of the most racially charged and morally vexing issues of our time.

Infinite Hope: How Wrongful Conviction, Solitary Confinement, and 12 Years on Death Row Failed to Kill My Soul


Anthony Graves - 2018
    The perpetrator set the house on fire to cover his tracks, deepening the heinousness of the crime and rocking the tiny community to its core. Authorities were eager to make an arrest. Five days later, Anthony Graves was in custody.Graves, then twenty-six years old and without an attorney, was certain that his innocence was obvious. He did not know the victims, he had no knowledge about the crime, and he had an airtight alibi with witnesses. There was also no physical evidence linking him to the scene. Yet Graves was indicted, convicted of capital murder, sentenced to death, and, over the course of twelve years on death row, given two execution dates. He was not freed for eighteen years, two months, four days.Through years of suffering the whims of rogue prosecutors, vote-hungry district attorneys, and Texas State Rangers who played by their own rules, Graves was frequently exposed to the dire realities of being poor and black in the criminal justice system. He witnessed fellow inmates who became his friends and confidants be taken away, one by one, to their deaths. And he missed out on seeing his three young sons mature into men. Graves's only solace was his infinite hope that the state would not execute him for a crime he did not commit.To maintain his dignity and sanity, Graves made sure as many people as possible knew about his case. He wrote letters to whomever he thought would listen. Pen pals in countries all over the world became allies, and he attracted the attention of a savvy legal team that overcame setback after setback, chiseling away at the state's faulty case against him. Everyone's efforts eventually worked. After Graves's exoneration, the original prosecutor on his case was disbarred.Graves is one of a growing number of innocent people exonerated from death row. The moving account of his saga--of his ultimate fight for freedom from inside a prison cell--is as haunting as it is poignant, and as shameful to the legal system as it is inspiring to those on the losing end of it.

Strange Crime


Portable Press - 2018
    Dumb crooks, celebrities gone bad, unsolved mysteries, odd laws, and more—Strange Crime has plenty of stories that will make you ask yourself, “What could they possibly have been thinking?” This easily portable paperback book is ideal for readers on the go. Take it to school, to work, to jury duty!

The Life and the Adventures of a Haunted Convict


Austin Reed - 2016
    In 2009, scholars at Yale University came across a startling manuscript: the memoir of Austin Reed, a free black man born in the 1820s who spent most of his early life ricocheting between forced labor in prison and forced labor as an indentured servant. Lost for more than one hundred and fifty years, the handwritten document is the first known prison memoir written by an African American. Corroborated by prison records and other documentary sources, Reed’s text gives a gripping first-person account of an antebellum Northern life lived outside slavery that nonetheless bore, in its day-to-day details, unsettling resemblances to that very institution. Now, for the first time, we can hear Austin Reed’s story as he meant to tell it. He was born to a middle-class black family in the boomtown of Rochester, New York, but when his father died, his mother struggled to make ends meet. Still a child, Reed was placed as an indentured servant to a nearby family of white farmers near Rochester. He was caught attempting to set fire to a building and sentenced to ten years at Manhattan’s brutal House of Refuge, an early juvenile reformatory that would soon become known for beatings and forced labor. Seven years later, Reed found himself at New York’s infamous Auburn State Prison. It was there that he finished writing this memoir, which explores America’s first reformatory and first industrial prison from an inmate’s point of view, recalling the great cruelties and kindnesses he experienced in those places and excavating patterns of racial segregation, exploitation, and bondage that extended beyond the boundaries of the slaveholding South, into free New York. Accompanied by fascinating historical documents (including a series of poignant letters written by Reed near the end of his life), The Life and the Adventures of a Haunted Convict is a work of uncommon beauty that tells a story of nineteenth-century racism, violence, labor, and captivity in a proud, defiant voice. Reed’s memoir illuminates his own life and times—as well as ours today.

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.