Book picks similar to
The Collapse of American Criminal Justice by William J. Stuntz
law
nonfiction
non-fiction
politics
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.
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.
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.
Nobody: Casualties of America's War on the Vulnerable, from Ferguson to Flint and Beyond
Marc Lamont Hill - 2016
To help us understand the plight of vulnerable communities, he examines the effects of unfettered capitalism, mass incarceration, and political power while urging us to consider a new world in which everyone has a chance to become somebody.Heralded as an essential text for our times, Marc Lamont Hill’s galvanizing work embodies the best traditions of scholarship, journalism, and storytelling to lift unheard voices and to address the necessary question, “how did we get here?"Named a Best Book of the Year by Kirkus Reviews A New York Times Editor’s Choice Nautilus Award Winner “A worthy and necessary addition to the contemporary canon of civil rights literature.” —The New York Times From one of the leading voices on civil rights in America, a thoughtful and urgent analysis of recent headline-making police brutality cases and the systems and policies that enabled them.
The Lynching: The Epic Courtroom Battle That Brought Down the Klan
Laurence Leamer - 2016
The young men were members of Klavern 900 of the United Klans of America. They were seeking to retaliate after a largely black jury could not reach a verdict in a trial involving a black man accused of the murder of a white man. The two Klansmen found nineteen-year-old Michael Donald walking home alone. Hays and Knowles abducted him, beat him, cut his throat, and left his body hanging from a tree branch in a racially-mixed residential neighborhood.Arrested, charged, and convicted, Hays was sentenced to death—the first time in nearly a century that the state of Alabama had found a white man guilty of killing a black man. On behalf of Michael’s grieving mother, Morris Dees, the legendary civil rights lawyer and co-founder of the Southern Poverty Law Center, filed a civil suit against the members of the local Klan unit involved and the UKA, the largest Klan organization. Charging them with conspiracy, Dees put the Klan on trial, resulting in a verdict that would level a deadly blow to its organization.Based on countless interviews and extensive archival research, The Lynching brings to life two dramatic trials, during which the Alabama Klan's motives and philosophy were exposed for the evil they represent. In addition to telling a gripping and consequential story, Laurence Leamer chronicles the KKK and its activities in the second half the twentieth century, and illuminates its lingering effect on race relations in America today.
Chokehold: Policing Black Men
Paul Butler - 2017
The result is the Chokehold: laws and practices that treat every African American man like a thug. In this explosive new book, an African American former federal prosecutor shows that the system is working exactly the way it’s supposed to. Black men are always under watch, and police violence is widespread—all with the support of judges and politicians.In his no-holds-barred style, Butler, whose scholarship has been featured on 60 Minutes, uses new data to demonstrate that white men commit the majority of violent crime in the United States. For example, a white woman is ten times more likely to be raped by a white male acquaintance than be the victim of a violent crime perpetrated by a black man. Butler also frankly discusses the problem of black on black violence and how to keep communities safer—without relying as much on police.Chokehold powerfully demonstrates why current efforts to reform law enforcement will not create lasting change. Butler’s controversial recommendations about how to crash the system, and when it’s better for a black man to plead guilty—even if he’s innocent—are sure to be game-changers in the national debate about policing, criminal justice, and race relations.
What Truth Sounds Like: Robert F. Kennedy, James Baldwin, and Our Unfinished Conversation About Race in America
Michael Eric Dyson - 2018
“I believe you change laws.”The fraught conflict between conscience and politics – between morality and power – in addressing race hardly began with Clinton. An electrifying and traumatic encounter in the sixties crystallized these furious disputes.In 1963 Attorney General Robert Kennedy sought out James Baldwin to explain the rage that threatened to engulf black America. Baldwin brought along some friends, including playwright Lorraine Hansberry, psychologist Kenneth Clark, and a valiant activist, Jerome Smith. It was Smith’s relentless, unfiltered fury that set Kennedy on his heels, reducing him to sullen silence.Kennedy walked away from the nearly three-hour meeting angry – that the black folk assembled didn’t understand politics, and that they weren’t as easy to talk to as Martin Luther King. But especially that they were more interested in witness than policy. But Kennedy’s anger quickly gave way to empathy, especially for Smith. “I guess if I were in his shoes…I might feel differently about this country.” Kennedy set about changing policy – the meeting having transformed his thinking in fundamental ways.There was more: every big argument about race that persists to this day got a hearing in that room. Smith declaring that he’d never fight for his country given its racist tendencies, and Kennedy being appalled at such lack of patriotism, tracks the disdain for black dissent in our own time. His belief that black folk were ungrateful for the Kennedys’ efforts to make things better shows up in our day as the charge that black folk wallow in the politics of ingratitude and victimhood. The contributions of black queer folk to racial progress still cause a stir. BLM has been accused of harboring a covert queer agenda. The immigrant experience, like that of Kennedy, versus the racial experience of Baldwin, is a cudgel to excoriate black folk for lacking hustle and ingenuity. The questioning of whether folk who are interracially partnered can authentically communicate black interests persists. And we grapple still with the responsibility of black intellectuals and artists to bring about social change.This book exists at the tense intersection of the conflict between politics and prophecy – of whether we embrace political resolution or moral redemption to fix our fractured racial landscape. The future of race and democracy hang in the balance.
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.
23/7: Pelican Bay Prison and the Rise of Long-Term Solitary Confinement
Keramet Reiter - 2016
prisons has become long-term and common. Prisoners spend twenty-three hours a day in featureless cells, with no visitors or human contact for years on end, and they are held entirely at administrators’ discretion. Keramet Reiter tells the history of one “supermax,” California’s Pelican Bay State Prison, whose extreme conditions recently sparked a statewide hunger strike by 30,000 prisoners. This book describes how Pelican Bay was created without legislative oversight, in fearful response to 1970s radicals; how easily prisoners slip into solitary; and the mental havoc and social costs of years and decades in isolation. The product of fifteen years of research in and about prisons, this book provides essential background to a subject now drawing national attention.
The Central Park Five: A Chronicle of a City Wilding
Sarah Burns - 2011
Within days, five black and Latino teenagers confess to her rape and beating. In a city where urban crime is at a high and violence is frequent, the ensuing media frenzy and hysterical public reaction is extraordinary. The young men are tried as adults and convicted of rape, despite the fact that the teens quickly recant their inconsistent and inaccurate confessions and that no DNA tests or eyewitness accounts tie any of them to the victim. They serve their complete sentences before another man, serial rapist Matias Reyes, confesses to the crime and is connected to it by DNA testing.Intertwining the stories of these five young men, the police officers, the district attorneys, the victim, and Matias Reyes, Sarah Burns unravels the forces that made both the crime and its prosecution possible. Most dramatically, she gives us a portrait of a city already beset by violence and deepening rifts between races and classes, whose law enforcement, government, social institutions, and media were undermining the very rights of the individuals they were designed to safeguard and protect.
The Culture of Control: Crime and Social Order in Contemporary Society
David Garland - 2001
More and more of us live in gated communities; prison populations have skyrocketed; and issues such as racial profiling, community policing, and "zero-tolerance" policies dominate the headlines. How is it that our response to crime and our sense of criminal justice has come to be so dramatically reconfigured? David Garland charts the changes in crime and criminal justice in America and Britain over the past twenty-five years, showing how they have been shaped by two underlying social forces: the distinctive social organization of late modernity and the neoconservative politics that came to dominate the United States and the United Kingdom in the 1980s.Garland explains how the new policies of crime and punishment, welfare and security—and the changing class, race, and gender relations that underpin them—are linked to the fundamental problems of governing contemporary societies, as states, corporations, and private citizens grapple with a volatile economy and a culture that combines expanded personal freedom with relaxed social controls. It is the risky, unfixed character of modern life that underlies our accelerating concern with control and crime control in particular. It is not just crime that has changed; society has changed as well, and this transformation has reshaped criminological thought, public policy, and the cultural meaning of crime and criminals. David Garland's The Culture of Control offers a brilliant guide to this process and its still-reverberating consequences.
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.
Devil in the Grove: Thurgood Marshall, the Groveland Boys, and the Dawn of a New America
Gilbert King - 2012
Board of Education before the U.S. Supreme Court when he became embroiled in an explosive and deadly case that threatened to change the course of the civil rights movement and cost him his life.In 1949, Florida’s orange industry was booming, and citrus barons got rich on the backs of cheap Jim Crow labor. To maintain order and profits, they turned to Willis V. McCall, a violent sheriff who ruled Lake County with murderous resolve. When a white seventeen-year-old Groveland girl cried rape, McCall was fast on the trail of four young blacks who dared to envision a future for themselves beyond the citrus groves. By day’s end, the Ku Klux Klan had rolled into town, burning the homes of blacks to the ground and chasing hundreds into the swamps, hell-bent on lynching the young men who came to be known as “the Groveland Boys.”And so began the chain of events that would bring Thurgood Marshall, the man known as “Mr. Civil Rights,” into the deadly fray. Associates thought it was suicidal for him to wade into the “Florida Terror” at a time when he was irreplaceable to the burgeoning civil rights movement, but the lawyer would not shrink from the fight—not after the Klan had murdered one of Marshall’s NAACP associates involved with the case and Marshall had endured continual threats that he would be next.Drawing on a wealth of never-before-published material, including the FBI’s unredacted Groveland case files, as well as unprecedented access to the NAACP’s Legal Defense Fund files, King shines new light on this remarkable civil rights crusader, setting his rich and driving narrative against the heroic backdrop of a case that U.S. Supreme Court justice Robert Jackson decried as “one of the best examples of one of the worst menaces to American justice.”
White Rage: The Unspoken Truth of Our Racial Divide
Carol Anderson - 2016
With so much attention on the flames," she argued, "everyone had ignored the kindling."Since 1865 and the passage of the Thirteenth Amendment, every time African Americans have made advances towards full participation in our democracy, white reaction has fueled a deliberate and relentless rollback of their gains. The end of the Civil War and Reconstruction was greeted with the Black Codes and Jim Crow; the Supreme Court's landmark 1954 Brown v. Board of Education decision was met with the shutting down of public schools throughout the South while taxpayer dollars financed segregated white private schools; the Civil Rights Act of 1964 and Voting Rights Act of 1965 triggered a coded but powerful response, the so-called Southern Strategy and the War on Drugs that disenfranchised millions of African Americans while propelling presidents Nixon and Reagan into the White House, and then the election of America's first black President, led to the expression of white rage that has been as relentless as it has been brutal.Carefully linking these and other historical flashpoints when social progress for African Americans was countered by deliberate and cleverly crafted opposition, Anderson pulls back the veil that has long covered actions made in the name of protecting democracy, fiscal responsibility, or protection against fraud, rendering visible the long lineage of white rage. Compelling and dramatic in the unimpeachable history it relates, White Rage will add an important new dimension to the national conversation about race in America.
We the Corporations: How American Businesses Won Their Civil Rights
Adam Winkler - 2018
Hardly oppressed like women and minorities, business corporations, too, have fought since the nation’s earliest days to gain equal rights under the Constitution—and today have nearly all the same rights as ordinary people.Exposing the historical origins of Citizens United and Hobby Lobby, Adam Winkler explains how those controversial Supreme Court decisions extending free speech and religious liberty to corporations were the capstone of a centuries-long struggle over corporate personhood and constitutional protections for business. Beginning his account in the colonial era, Winkler reveals the profound influence corporations had on the birth of democracy and on the shape of the Constitution itself. Once the Constitution was ratified, corporations quickly sought to gain the rights it guaranteed. The first Supreme Court case on the rights of corporations was decided in 1809, a half-century before the first comparable cases on the rights of African Americans or women. Ever since corporations have waged a persistent and remarkably fruitful campaign to win an ever-greater share of individual rights.Although corporations never marched on Washington, they employed many of the same strategies of more familiar civil rights struggles: civil disobedience, test cases, and novel legal claims made in a purposeful effort to reshape the law. Indeed, corporations have often been unheralded innovators in constitutional law, and several of the individual rights Americans hold most dear were first secured in lawsuits brought by businesses.Winkler enlivens his narrative with a flair for storytelling and a colorful cast of characters: among others, Daniel Webster, America’s greatest advocate, who argued some of the earliest corporate rights cases on behalf of his business clients; Roger Taney, the reviled Chief Justice, who surprisingly fought to limit protections for corporations—in part to protect slavery; and Roscoe Conkling, a renowned politician who deceived the Supreme Court in a brazen effort to win for corporations the rights added to the Constitution for the freed slaves. Alexander Hamilton, Teddy Roosevelt, Huey Long, Ralph Nader, Louis Brandeis, and even Thurgood Marshall all played starring roles in the story of the corporate rights movement.In this heated political age, nothing can be timelier than Winkler’s tour de force, which shows how America’s most powerful corporations won our most fundamental rights and turned the Constitution into a weapon to impede the regulation of big business.