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.

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.

They Can't Kill Us All: Ferguson, Baltimore, and a New Era in America’s Racial Justice Movement


Wesley Lowery - 2016
    By posing the question, "What does the loss of any one life mean to the rest of the nation?" Lowery examines the cumulative effect of decades of racially biased policing in segregated neighborhoods with failing schools, crumbling infrastructure and too few jobs.Studded with moments of joy, and tragedy, They Can't Kill Us All offers a historically informed look at the standoff between the police and those they are sworn to protect, showing that civil unrest is just one tool of resistance in the broader struggle for justice. As Lowery brings vividly to life, the protests against police killings are also about the black community's long history on the receiving end of perceived and actual acts of injustice and discrimination. They Can't Kill Us All grapples with a persistent if also largely unexamined aspect of the otherwise transformative presidency of Barack Obama: the failure to deliver tangible security and opportunity to those Americans most in need of both. They Can't Kill Us All is a galvanizing book that offers more than just behind-the-scenes coverage of the story of citizen resistance to police brutality. It will also explain where the movement came from, where it is headed and where it still has to go.

Incarceration Nations: A Journey to Justice in Prisons Around the World


Baz Dreisinger - 2016
    Professor, journalist, and founder of the Prison-to-College-Pipeline, Dreisinger looks into the human stories of incarcerated men and women and those who imprison them, creating a view of a world to which most are denied access, and a rethinking of one of America’s most far-reaching global exports: the modern prison complex.From serving as a restorative justice facilitator in a notorious South African prison and working with genocide survivors in Rwanda, to launching a creative writing class in an overcrowded Ugandan prison and coordinating a drama workshop for women prisoners in Thailand, Dreisinger examines the world behind bars with equal parts empathy and intellect. She journeys to Jamaica to visit a prison music program, to Singapore to learn about approaches to prisoner reentry, to Australia to grapple with the bottom line of private prisons, to a federal supermax in Brazil to confront the horrors of solitary confinement, and finally to the so-called model prisons of Norway. Incarceration Nations concludes with climactic lessons about the past, present, and future of justice.

The Second: Race and Guns in a Fatally Unequal America


Carol Anderson - 2021
    The Second is neither a “pro-gun” nor an “anti-gun” book; the lens is the citizenship rights and human rights of African Americans.From the seventeenth century, when it was encoded into law that the enslaved could not own, carry, or use a firearm whatsoever, until today, with measures to expand and curtail gun ownership aimed disproportionately at the African American population, the right to bear arms has been consistently used as a weapon to keep African Americans powerless—revealing that armed or unarmed, Blackness, it would seem, is the threat that must be neutralized and punished.Throughout American history to the twenty-first century, regardless of the laws, court decisions, and changing political environment, the Second has consistently meant this: That the second a Black person exercises this right, the second they pick up a gun to protect themselves (or the second that they don't), their life—as surely as Philando Castile's, Tamir Rice's, Alton Sterling's--may be snatched away in that single, fatal second. Through compelling historical narrative merging into the unfolding events of today, Anderson's penetrating investigation shows that the Second Amendment is not about guns but about anti-Blackness, shedding shocking new light on another dimension of racism in America.

Halfway Home: Race, Punishment, and the Afterlife of Mass Incarceration


Reuben Jonathan Miller - 2021
    What his work revealed is a simple, if overlooked truth: life after incarceration is its own form of prison. The idea that one can serve their debt and return to life as a full-fledge member of society is one of America's most nefarious myths. Recently released individuals are faced with jobs that are off-limits, apartments that cannot be occupied and votes that cannot be cast.As The Color of Law exposed about our understanding of housing segregation, Halfway Home shows that the American justice system was not created to rehabilitate. Parole is structured to keep classes of Americans impoverished, unstable, and disenfranchised long after they've paid their debt to society.Informed by Miller's experience as the son and brother of incarcerated men, captures the stories of the men, women, and communities fighting against a system that is designed for them to fail. It is a poignant and eye-opening call to arms that reveals how laws, rules, and regulations extract a tangible cost not only from those working to rebuild their lives, but also our democracy. As Miller searchingly explores, America must acknowledge and value the lives of its formerly imprisoned citizens.PEN America 2022 John Kenneth Galbraith Award for Nonfiction FinalistWinner of the 2022 PROSE Award for Excellence in Social Sciences2022 PROSE Awards Finalist2022 PROSE Awards Category Winner for Cultural Anthropology and SociologyAn NPR Selected 2021 Books We LoveAs heard on NPR’s Fresh Air

Doing Justice: A Prosecutor's Thoughts on Crime, Punishment, and the Rule of Law


Preet Bharara - 2019
    Using case histories, personal experiences and his own inviting writing and teaching style, Preet Bharara shows the thought process we need to best achieve truth and justice in our daily lives and within our society.Preet Bharara has spent much of his life examining our legal system, pushing to make it better, and prosecuting those looking to subvert it. Bharara believes in our system and knows it must be protected, but to do so, we must also acknowledge and allow for flaws in the system and in human nature.     The book is divided into four sections: Inquiry, Accusation, Judgment and Punishment. He shows why each step of this process is crucial to the legal system, but he also shows how we all need to think about each stage of the process to achieve truth and justice in our daily lives.     Bharara uses anecdotes and case histories from his legal career--the successes as well as the failures--to illustrate the realities of the legal system, and the consequences of taking action (and in some cases, not taking action, which can be just as essential when trying to achieve a just result).      Much of what Bharara discusses is inspiring--it gives us hope that rational and objective fact-based thinking, combined with compassion, can truly lead us on a path toward truth and justice. Some of what he writes about will be controversial and cause much discussion. Ultimately, it is a thought-provoking, entertaining book about the need to find the humanity in our legal system--and in our society.

A False Report: A True Story of Rape in America


T. Christian Miller - 2018
    Within days police, and even those closest to Marie, became suspicious of her story. The police swiftly pivoted and began investigating Marie. Confronted with inconsistencies in her story and the doubts of others, Marie broke down and said her story was a lie--a bid for attention. Police charged Marie with false reporting, and she was branded a liar.More than two years later, Colorado detective Stacy Galbraith was assigned to investigate a case of sexual assault. Describing the crime to her husband that night, Galbraith learned that the case bore an eerie resemblance to a rape that had taken place months earlier in a nearby town. She joined forces with the detective on that case, Edna Hendershot, and the two soon discovered they were dealing with a serial rapist: a man who photographed his victims, threatening to release the images online, and whose calculated steps to erase all physical evidence suggested he might be a soldier or a cop. Through meticulous police work the detectives would eventually connect the rapist to other attacks in Colorado--and beyond.Based on investigative files and extensive interviews with the principals, A False Report/i>is a serpentine tale of doubt, lies, and a hunt for justice, unveiling the disturbing truth of how sexual assault is investigated today - and the long history of skepticism toward rape victims.

I Can't Breathe: A Killing on Bay Street


Matt Taibbi - 2017
    On July 17, 2014, a forty-three-year-old black man named Eric Garner died on a Staten Island sidewalk after a police officer put him in what has been described as an illegal chokehold during an arrest for selling bootleg cigarettes. The final moments of Garner's life were captured on video and seen by millions. His agonized last words, "I can't breathe," became a rallying cry for the nascent Black Lives Matter protest movement. A grand jury ultimately declined to indict the officer who wrestled Garner to the pavement. Matt Taibbi's deeply reported retelling of these events liberates Eric Garner from the abstractions of newspaper accounts and lets us see the man in full—with all his flaws and contradictions intact. A husband and father with a complicated personal history, Garner was neither villain nor victim, but a fiercely proud individual determined to do the best he could for his family, bedeviled by bad luck, and ultimately subdued by forces beyond his control. In America, no miscarriage of justice exists in isolation, of course, and in I Can't Breathe Taibbi also examines the conditions that made this tragedy possible. Featuring vivid vignettes of life on the street and inside our Kafkaesque court system, Taibbi's kaleidoscopic account illuminates issues around policing, mass incarceration, the underground economy, and racial disparity in law enforcement. No one emerges unsullied, from the conservative district attorney who half-heartedly prosecutes the case to the progressive mayor caught between the demands of outraged activists and the foot-dragging of recalcitrant police officials. A masterly narrative of urban America and a scathing indictment of the perverse incentives built into our penal system, I Can't Breathe drills down into the particulars of one case to confront us with the human cost of our broken approach to dispensing criminal justice.

You Have the Right to Remain Innocent


James Duane - 2016
    Duane became a viral sensation thanks to a 2008 lecture outlining the reasons why you should never agree to answer questions from the police—especially if you are innocent and wish to stay out of trouble with the law. In this timely, relevant, and pragmatic new book, he expands on that presentation, offering a vigorous defense of every citizen’s constitutionally protected right to avoid self-incrimination. Getting a lawyer is not only the best policy, Professor Duane argues, it’s also the advice law-enforcement professionals give their own kids.Using actual case histories of innocent men and women exonerated after decades in prison because of information they voluntarily gave to police, Professor Duane demonstrates the critical importance of a constitutional right not well or widely understood by the average American. Reflecting the most recent attitudes of the Supreme Court, Professor Duane argues that it is now even easier for police to use your own words against you. This lively and informative guide explains what everyone needs to know to protect themselves and those they love.

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.

Redeeming Justice: From Defendant to Defender, My Fight for Equity on Both Sides of a Broken System


Jarrett Adams - 2021
    Now, in this unforgettable memoir, a pioneering lawyer recalls the journey that led to his exoneration--and inspired him to devote his life to fighting the many injustices in our legal system.Seventeen years old and facing nearly thirty years behind bars, Jarrett Adams sought to figure out the why behind his fate. Sustained by his mother and aunts who brought him back from the edge of despair through letters of prayer and encouragement, Adams became obsessed with our legal system in all its damaged glory. After studying how his constitutional rights to effective counsel had been violated, he solicited the help of the Wisconsin Innocence Project, an organization that exonerates the wrongfully convicted, and won his release after nearly ten years in prison.But the journey was far from over. Adams took the lessons he learned through his incarceration and worked his way through law school with the goal of helping those who, like himself, had faced our legal system at its worst. After earning his law degree, he worked with the New York Innocence Project, becoming the first exoneree ever hired by the nonprofit as a lawyer. In his first case with the Innocence Project, he argued before the same court that had convicted him a decade earlier--and won.In this cinematic story of hope and full-circle redemption, Adams draws on his life and the cases of his clients to show the racist tactics used to convict young men of color, the unique challenges facing exonerees once released, and how the lack of equal representation in our courts is a failure not only of empathy but of our collective ability to uncover the truth. Justice for Sale is an unforgettable firsthand account of the limits--and possibilities--of our country's system of law.

A Knock at Midnight: A Story of Hope, Justice, and Freedom


Brittany K. Barnett - 2020
    Barnett was only a law student when she came across the case that would change her life forever--that of Sharanda Jones, single mother, business owner and, like Brittany, black daughter of the rural South. A victim of America's ruthless and devastating war on drugs, Sharanda had been torn from the arms of her young daughter and was serving a life sentence without parole--all for a first-time drug offense. In Sharanda, Brittany saw haunting echoes of own life, both as the daughter of a formerly incarcerated mother and the one-time girlfriend of an abusive drug dealer. As she studied Sharanda's case, a system slowly came into focus: one where widespread racial injustice forms the core of our country's addiction to incarceration. Moved by Sharanda's plight, Brittany began to work towards her freedom.This had never been the plan. Bright and ambitious, Brittany was already a successful accountant with her sights set on a high-powered future in corporate law. But Sharanda's case opened the door to a harrowing journey through the criminal justice system, in which people could be locked up for life under misguided appeals for law and order. Driven by the realization that her clients' fates could have easily been her own, Brittany soon found herself on a quest to unlock the human potential of those our society has forgotten how to see. Living a double life, she moved billion dollar corporate deals by day, and by night worked pro bono to free Sharanda and others in near-impossible legal battles. Ultimately, her journey transformed her understanding of injustice in the courts, of genius languishing behind bars, and the very definition of freedom itself. A Knock at Midnight is Brittany's riveting, inspirational memoir, at once a coming-of-age story and a powerful evocation of what it takes to bring hope and justice to a system built to resist both at every turn.

Locked In: The True Causes of Mass Incarceration and How to Achieve Real Reform


John F. Pfaff - 2017
    Yet today, though the US is home to only about 5 percent of the world's population, we hold nearly one quarter of its prisoners. Mass incarceration is now widely considered one of the biggest social and political crises of our age. How did we get to this point?Locked In is a revelatory investigation into the root causes of mass incarceration by one of the most exciting scholars in the country. Having spent fifteen years studying the data on imprisonment, John Pfaff takes apart the reigning consensus created by Michelle Alexander and other reformers, revealing that the most widely accepted explanations - the failed War on Drugs, draconian sentencing laws, an increasing reliance on private prisons - tell us much less than we think. Pfaff urges us to look at other factors instead, including a major shift in prosecutor behavior that occurred in the mid-1990s, when prosecutors began bringing felony charges against arrestees about twice as often as they had before. He describes a fractured criminal justice system, in which counties don't pay for the people they send to state prisons, and in which white suburbs set law and order agendas for more-heavily minority cities. And he shows that if we hope to significantly reduce prison populations, we have no choice but to think differently about how to deal with people convicted of violent crimes - and why some people are violent in the first place.An authoritative, clear-eyed account of a national catastrophe, Locked In transforms our understanding of what ails the American system of punishment and ultimately forces us to reconsider how we can build a more equitable and humane society.