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.

Circumstantial Evidence: Death, Life, and Justice in a Southern Town


Pete Earley - 1995
    This book highlights a case that was front page news--featured on "60 Minutes, " in The New York Times in 1993. HC: Bantam.

A Colony in a Nation


Christopher L. Hayes - 2017
    With the clarity and originality that distinguished his prescient bestseller, Twilight of the Elites, Chris Hayes upends our national conversation on policing and democracy in a book of wide-ranging historical, social, and political analysis.Hayes contends our country has fractured in two: the Colony and the Nation. In the Nation, we venerate the law. In the Colony, we obsess over order, fear trumps civil rights, and aggressive policing resembles occupation. A Colony in a Nation explains how a country founded on justice now looks like something uncomfortably close to a police state. How and why did Americans build a system where conditions in Ferguson and West Baltimore mirror those that sparked the American Revolution?A Colony in a Nation examines the surge in crime that began in the 1960s and peaked in the 1990s, and the unprecedented decline that followed. Drawing on close-hand reporting at flashpoints of racial conflict, as well as deeply personal experiences with policing, Hayes explores cultural touchstones, from the influential “broken windows” theory to the “squeegee men” of late-1980s Manhattan, to show how fear causes us to make dangerous and unfortunate choices, both in our society and at the personal level. With great empathy, he seeks to understand the challenges of policing communities haunted by the omnipresent threat of guns. Most important, he shows that a more democratic and sympathetic justice system already exists―in a place we least suspect.A Colony in a Nation is an essential book―searing and insightful―that will reframe our thinking about law and order in the years to come.

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.

The Chickenshit Club: Why the Justice Department Fails to Prosecute Executives


Jesse Eisinger - 2017
    The Chickenshit Club—an inside reference to prosecutors too scared of failure and too daunted by legal impediments to do their jobs—explains why in “an absorbing financial history, a monumental work of journalism…a first-rate study of the federal bureaucracy” (Bloomberg Businessweek).Jesse Eisigner begins the story in the 1970s, when the government pioneered the notion that top corporate executives, not just seedy crooks, could commit heinous crimes and go to prison. He brings us to trading desks on Wall Street, to corporate boardrooms and the offices of prosecutors and FBI agents. These revealing looks provide context for the evolution of the Justice Department’s approach to pursuing corporate criminals through the early 2000s and into the Justice Department’s approach to pursuing corporate criminals through the early 2000s and into the Justice Department of today, including the prosecutorial fiascos, corporate lobbying, trial losses, and culture shifts that have stripped the government of the will and ability to prosecute top corporate executives.“Brave and elegant….a fearless reporter…Eisinger’s important and profound book takes no prisoners (The Washington Post). Exposing one of the most important scandals of our time, The Chickenshit Club provides a clear, detailed explanation as to how our Justice Department has come to avoid, bungle, and mismanage the fight to bring these alleged criminals to justice. “This book is a wakeup call…a chilling read, and a needed one” (NPR.org).

Black's Law: A Criminal Lawyer Reveals His Defense Strategies in Four Cliffhanger Cases


Roy Black - 1999
    This book takes us behind the scenes of four difficult and dangerous cases to reveal the legal strategies, no-holds-barred tactics, and courtroom psychology Roy Black used to make sure his clients received every protection promised by the law. Black demonstrates in riveting detail how a defense attorney must investigate criminal cases by sifting through evidence and preparing for trial. (It's like preparing for war.) He shows us how the principles of law, cross-examination, and evidence -- as well as careful jury selection and skillful use of expert witnesses -- can level the playing field to counter the enormous resources that state and federal prosecutors have at their disposal. Black's Law makes resoundingly clear the crucial role that criminal defense lawyers play in safeguarding the basic right to a fair trial for all.

Blood in the Water: The Attica Prison Uprising of 1971 and Its Legacy


Heather Ann Thompson - 2016
    Holding guards and civilian employees hostage, during the four long days and nights that followed, the inmates negotiated with state officials for improved living conditions. On September 13, the state abruptly ended talks and sent hundreds of heavily armed state troopers and corrections officers to retake the prison by force. In the ensuing gunfire, thirty-nine men were killed, hostages as well as prisoners, and close to one hundred were severely injured. After the prison was secured, troopers and officers brutally retaliated against the prisoners during the weeks that followed. For decades afterward, instead of charging any state employee who had committed murder or carried out egregious human rights abuses, New York officials prosecuted only the prisoners and failed to provide necessary support to the hostage survivors or the families of any of the men who'd been killed. Heather Ann Thompson sheds new light on one of the most important civil rights stories of the last century, exploring every aspect of the uprising and its legacy from the perspectives of all of those involved in this forty-five-year fight for justice: the prisoners, the state officials, the lawyers on both sides, the state troopers and corrections officers, and the families of the slain men.

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.

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.

Newjack: Guarding Sing Sing


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

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.

Ordinary Injustice: How America Holds Court


Amy Bach - 2009
    Less visible is the chronic injustice meted out daily by a profoundly defective system.In a sweeping investigation that moves from small-town Georgia to upstate New York, from Chicago to Mississippi, Amy Bach reveals a judicial process so deeply compromised that it constitutes a menace to the people it is designed to serve. Here is the public defender who pleads most of his clients guilty; the judge who sets outrageous bail for negligible crimes; the prosecutor who brings almost no cases to trial; the court that works together to achieve a wrong verdict. Going beyond the usual explanations of bad apples and meager funding, Bach identifies an assembly-line approach that rewards shoddiness and sacrifices defendants to keep the court calendar moving, and she exposes the collusion between judge, prosecutor, and defense that puts the interests of the system above the obligation to the people. It is time, Bach argues, to institute a new method of checks and balances that will make injustice visible--the first and necessary step to any reform.Full of gripping human stories, sharp analyses, and a crusader's sense of urgency, "Ordinary Injustice" is a major reassessment of the health of the nation's courtrooms.

Until We Reckon: Violence, Mass Incarceration, and a Road to Repair


Danielle Sered - 2019
    Critically, Sered argues that reckoning is owed not only on the part of individuals who have caused violence, but also by our nation for its overreliance on incarceration to produce safety—at a great cost to communities, survivors, racial equity, and the very fabric of our democracy.Although over half the people incarcerated in America today have committed violent offenses, the focus of reformers has been almost entirely on nonviolent and drug offenses. Called “innovative” and “truly remarkable” by The Atlantic and “a top-notch entry into the burgeoning incarceration debate” by Kirkus Reviews, Sered’s Until We Reckon argues with searing force and clarity that our communities are safer the less we rely on prisons and jails as a solution for wrongdoing.Sered asks us to reconsider the purposes of incarceration and argues persuasively that the needs of survivors of violent crime are better met by asking people who commit violence to accept responsibility for their actions and make amends in ways that are meaningful to those they have hurt—none of which happens in the context of a criminal trial or a prison sentence. Critically, Sered argues that the reckoning owed is not only on the part of those who have committed violence, but also by our nation’s overreliance on incarceration to produce safety—at great cost to communities, survivors, racial equity, and the very fabric of our democracy.

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.

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.