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.

Missoula: Rape and the Justice System in a College Town


Jon Krakauer - 2015
    Missoula, Montana, is a typical college town, with a highly regarded state university, bucolic surroundings, a lively social scene, and an excellent football team — the Grizzlies — with a rabid fan base. The Department of Justice investigated 350 sexual assaults reported to the Missoula police between January 2008 and May 2012. Few of these assaults were properly handled by either the university or local authorities. In this, Missoula is also typical. A DOJ report released in December of 2014 estimates 110,000 women between the ages of eighteen and twenty-four are raped each year. Krakauer’s devastating narrative of what happened in Missoula makes clear why rape is so prevalent on American campuses, and why rape victims are so reluctant to report assault. Acquaintance rape is a crime like no other. Unlike burglary or embezzlement or any other felony, the victim often comes under more suspicion than the alleged perpetrator. This is especially true if the victim is sexually active; if she had been drinking prior to the assault — and if the man she accuses plays on a popular sports team. The vanishingly small but highly publicized incidents of false accusations are often used to dismiss her claims in the press. If the case goes to trial, the woman’s entire personal life becomes fair game for defense attorneys. This brutal reality goes a long way towards explaining why acquaintance rape is the most underreported crime in America. In addition to physical trauma, its victims often suffer devastating psychological damage that leads to feelings of shame, emotional paralysis and stigmatization. PTSD rates for rape victims are estimated to be 50%, higher than soldiers returning from war. In Missoula, Krakauer chronicles the searing experiences of several women in Missoula — the nights when they were raped; their fear and self-doubt in the aftermath; the way they were treated by the police, prosecutors, defense attorneys; the public vilification and private anguish; their bravery in pushing forward and what it cost them. Some of them went to the police. Some declined to go to the police, or to press charges, but sought redress from the university, which has its own, non-criminal judicial process when a student is accused of rape. In two cases the police agreed to press charges and the district attorney agreed to prosecute. One case led to a conviction; one to an acquittal. Those women courageous enough to press charges or to speak publicly about their experiences were attacked in the media, on Grizzly football fan sites, and/or to their faces. The university expelled three of the accused rapists, but one was reinstated by state officials in a secret proceeding. One district attorney testified for an alleged rapist at his university hearing. She later left the prosecutor’s office and successfully defended the Grizzlies’ star quarterback in his rape trial. The horror of being raped, in each woman’s case, was magnified by the mechanics of the justice system and the reaction of the community. Krakauer’s dispassionate, carefully documented account of what these women endured cuts through the abstract ideological debate about campus rape. College-age women are not raped because they are promiscuous, or drunk, or send mixed signals, or feel guilty about casual sex, or seek attention. They are the victims of a terrible crime and deserving of compassion from society and fairness from a justice system that is clearly broken.

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.

Convicting the Innocent: Where Criminal Prosecutions Go Wrong


Brandon L. Garrett - 2011
    After nine years on death row, DNA testing cast doubt on his conviction and saved his life. However, he spent another eight years in prison before more sophisticated DNA technology proved his innocence and convicted the guilty man.DNA exonerations have shattered confidence in the criminal justice system by exposing how often we have convicted the innocent and let the guilty walk free. In this unsettling in-depth analysis, Brandon Garrett examines what went wrong in the cases of the first 250 wrongfully convicted people to be exonerated by DNA testing.Based on trial transcripts, Garrett's investigation into the causes of wrongful convictions reveals larger patterns of incompetence, abuse, and error. Evidence corrupted by suggestive eyewitness procedures, coercive interrogations, unsound and unreliable forensics, shoddy investigative practices, cognitive bias, and poor lawyering illustrates the weaknesses built into our current criminal justice system. Garrett proposes practical reforms that rely more on documented, recorded, and audited evidence, and less on fallible human memory.Very few crimes committed in the United States involve biological evidence that can be tested using DNA. How many unjust convictions are there that we will never discover? "Convicting the Innocent" makes a powerful case for systemic reforms to improve the accuracy of all criminal cases.

She Said: Breaking the Sexual Harassment Story That Helped Ignite a Movement


Jodi Kantor - 2019
    For months Kantor and Twohey had been having confidential discussions with top actresses, former Weinstein employees and other sources, learning of disturbing long-buried allegations, some of which had been covered up by onerous legal settlements. The journalists meticulously picked their way through a web of decades-old secret payouts and nondisclosure agreements, pressed some of the most famous women in the world--and some unknown ones--to risk going on the record, and faced down Weinstein, his team of high-priced defenders, and even his private investigators. But nothing could have prepared them for what followed the publication of their Weinstein story. Within days, a veritable Pandora's Box of sexual harassment and abuse was opened, and women who had suffered in silence for generations began coming forward, trusting that the world would understand their stories. Over the next twelve months, hundreds of men from every walk of life and industry would be outed for mistreating their colleagues. But did too much change--or not enough? Those questions plunged the two journalists into a new phase of reporting and some of their most startling findings yet. With superlative detail, insight, and journalistic expertise, Kantor and Twohey take us for the first time into the very heart of this social shift, reliving in real-time what it took to get the story and giving an up-close portrait of the forces that hindered and spurred change. They describe the surprising journeys of those who spoke up--for the sake of other women, for future generations, and for themselves--and so changed us all.

Five Days: The Fiery Reckoning of an American City


Wes Moore - 2020
    By the end of his trip in the police van, Gray was in a coma he would never recover from. In the wake of a long history of police abuse in Baltimore, this killing felt like a final straw--it lead to a week of protests and then five days described alternately as a riot or an uprising that set the entire city on edge, and caught the nation's attention.Wes Moore is one of Baltimore's most famous sons--a Rhodes Scholar, bestselling author, decorated combat veteran, White House fellow, and current President of the Robin Hood Foundation. While attending Gray's funeral, he saw every strata of the city come together: grieving mothers; members of the city's wealthy elite; activists; and the long-suffering citizens of Baltimore--all looking to comfort each other, but also looking for answers. Knowing that when they left the church, these factions would spread out to their own corners, but that the answers they were all looking for could only be found in the city as a whole, Moore--along with Pulitzer-winning coauthor Erica Green--is telling the multi-narrative story of the Baltimore uprising. Through both his own observations, and through the eyes of other Baltimoreans: Partee, a conflicted black captain of the Baltimore Police Department; Jenny, a young white public defender who's drawn into the violent center of the uprising herself; Tawanda, a young black woman who'd spent a lonely year protesting the killing of her own brother by police; and John DeAngelo, scion of the city's most powerful family and owner of the Baltimore Orioles, who has to make choices of conscience he'd never before confronted.Each shifting point of view contributes to an engrossing, cacophonous account of one of the most consequential moments in our recent history--but also an essential cri de coeur about the deeper causes of the violence and the small seeds of hope planted in its aftermath.

The Working Poor: Invisible in America


David K. Shipler - 2004
    Shipler makes clear in this powerful, humane study, the invisible poor are engaged in the activity most respected in American ideology—hard, honest work. But their version of the American Dream is a nightmare: low-paying, dead-end jobs; the profound failure of government to improve upon decaying housing, health care, and education; the failure of families to break the patterns of child abuse and substance abuse. Shipler exposes the interlocking problems by taking us into the sorrowful, infuriating, courageous lives of the poor—white and black, Asian and Latino, citizens and immigrants. We encounter them every day, for they do jobs essential to the American economy.We meet drifting farmworkers in North Carolina, exploited garment workers in New Hampshire, illegal immigrants trapped in the steaming kitchens of Los Angeles restaurants, addicts who struggle into productive work from the cruel streets of the nation's capital—each life another aspect of a confounding, far-reaching urgent national crisis. And unlike mostworks on poverty, this one delves into the calculations of some employers as well—their razor-thin profits, their anxieties about competition from abroad, their frustrations in finding qualified workers.This impassioned book not only dissects the problems, but makes pointed, informed recommendations for change. It is a book that stands to make a difference.

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.

How Democracies Die: What History Reveals About Our Future


Steven Levitsky - 2018
    Democracy no longer ends with a bang--in a revolution or military coup--but with a whimper: the slow, steady weakening of critical institutions, such as the judiciary and the press, and the gradual erosion of long-standing political norms. The good news is that there are several exit ramps on the road to authoritarianism. The bad news is that, by electing Trump, we have already passed the first one.Drawing on decades of research and a wide range of historical and global examples, from 1930s Europe to contemporary Hungary, Turkey, and Venezuela, to the American South during Jim Crow, Levitsky and Ziblatt show how democracies die--and how ours can be saved.

The Nine: Inside the Secret World of the Supreme Court


Jeffrey Toobin - 2007
    An institution at a moment of transition, the Court now stands at a crucial point, with major changes in store on such issues as abortion, civil rights, and church-state relations. Based on exclusive interviews with the justices and with a keen sense of the Court’s history and the trajectory of its future, Jeffrey Toobin creates in The Nine a riveting story of one of the most important forces in American life today.

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.

The Meritocracy Trap: How America's Foundational Myth Feeds Inequality, Dismantles the Middle Class, and Devours the Elite


Daniel Markovits - 2019
    Even as the country divides itself at every turn, the meritocratic ideal - that social and economic rewards should follow achievement rather than breeding - reigns supreme. Both Democrats and Republicans insistently repeat meritocratic notions. Meritocracy cuts to the heart of who we are. It sustains the American dream.But what if, both up and down the social ladder, meritocracy is a sham? Today, meritocracy has become exactly what it was conceived to resist: a mechanism for the concentration and dynastic transmission of wealth and privilege across generations. Upward mobility has become a fantasy, and the embattled middle classes are now more likely to sink into the working poor than to rise into the professional elite. At the same time, meritocracy now ensnares even those who manage to claw their way to the top, requiring rich adults to work with crushing intensity, exploiting their expensive educations in order to extract a return. All this is not the result of deviations or retreats from meritocracy but rather stems directly from meritocracy's successes.This is the radical argument that Daniel Markovits prosecutes with rare force. Markovits is well placed to expose the sham of meritocracy. Having spent his life at elite universities, he knows from the inside the corrosive system we are trapped within. Markovits also knows that, if we understand that meritocratic inequality produces near-universal harm, we can cure it. When The Meritocracy Trap reveals the inner workings of the meritocratic machine, it also illuminates the first steps outward, towards a new world that might once again afford dignity and prosperity to the American people.

Don't Shoot: One Man, A Street Fellowship, and the End of Violence in Inner-City America


David M. Kennedy - 2011
    In some neighborhoods in America, one out of every two hundred young black men is shot to death every year, and few initiatives of government and law enforcement have made much difference. But when David Kennedy, a self-taught and then-unknown criminologist, engineered the "Boston Miracle" in the mid-1990s, he pointed the way toward what few had imagined: a solution. Don't Shoot tells the story of Kennedy's long journey. Riding with beat cops, hanging with gang members, and stoop-sitting with grandmothers, Kennedy found that all parties misunderstood each other, caught in a spiral of racialized anger and distrust. He envisioned an approach in which everyone-gang members, cops, and community members-comes together in what is essentially a huge intervention. Offenders are told that the violence must stop, that even the cops want them to stay alive and out of prison, and that even their families support swift law enforcement if the violence continues. In city after city, the same miracle has followed: violence plummets, drug markets dry up, and the relationship between the police and the community is reset. This is a landmark book, chronicling a paradigm shift in how we address one of America's most shameful social problems. A riveting, page-turning read, it combines the street vérité of The Wire, the social science of Gang Leader for a Day, and the moral urgency and personal journey of Fist Stick Knife Gun. But unlike anybody else, Kennedy shows that there could be an end in sight.

Lethal Passage: The Story of a Gun


Erik Larson - 1994
    By day's end, he had killed one teacher and severely wounded another.In Lethal Passage Erik Larson shows us how a disturbed teenager was able to buy a weapon advertised as "the gun that made the eighties roar." In so doing, he not only illuminates America's gun culture -- its manufacturers, dealers, buffs, and propagandists -- but also offers concrete solutions to our national epidemic of death by firearm. The result is a book that can -- and should -- save lives, and that has already become an essential text in the gun-control debate.

Justice: What's the Right Thing to Do?


Michael J. Sandel - 2009
    In his acclaimed book―based on his legendary Harvard course―Sandel offers a rare education in thinking through the complicated issues and controversies we face in public life today. It has emerged as a most lucid and engaging guide for those who yearn for a more robust and thoughtful public discourse. "In terms we can all understand," wrote Jonathan Rauch in The New York Times, Justice "confronts us with the concepts that lurk . . . beneath our conflicts."Affirmative action, same-sex marriage, physician-assisted suicide, abortion, national service, the moral limits of markets―Sandel relates the big questions of political philosophy to the most vexing issues of the day, and shows how a surer grasp of philosophy can help us make sense of politics, morality, and our own convictions as well.Justice is lively, thought-provoking, and wise―an essential new addition to the small shelf of books that speak convincingly to the hard questions of our civic life.