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.

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.

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.

No Visible Bruises: What We Don’t Know About Domestic Violence Can Kill Us


Rachel Louise Snyder - 2019
    Through the stories of victims, perpetrators, law enforcement, and reform movements from across the country, Snyder explores not only the dark corners of private violence, but also its far-reaching consequences for society, and what it will take to truly address it.

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.

Are Prisons Obsolete?


Angela Y. Davis - 2003
    Davis has put the case for the latest abolition movement in American life: the abolition of the prison. As she quite correctly notes, American life is replete with abolition movements, and when they were engaged in these struggles, their chances of success seemed almost unthinkable. For generations of Americans, the abolition of slavery was sheerest illusion. Similarly,the entrenched system of racial segregation seemed to last forever, and generations lived in the midst of the practice, with few predicting its passage from custom. The brutal, exploitative (dare one say lucrative?) convict-lease system that succeeded formal slavery reaped millions to southern jurisdictions (and untold miseries for tens of thousands of men, and women). Few predicted its passing from the American penal landscape. Davis expertly argues how social movements transformed these social, political and cultural institutions, and made such practices untenable.In Are Prisons Obsolete?, Professor Davis seeks to illustrate that the time for the prison is approaching an end. She argues forthrightly for "decarceration", and argues for the transformation of the society as a whole.

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.

Prison by Any Other Name: The Harmful Consequences of Popular Reforms


Maya Schenwar - 2020
    Locked-down drug treatment centers. House arrest. Mandated psychiatric treatment. Data-driven surveillance. Extended probation. These are some of the key alternatives held up as cost-effective substitutes for jails and prisons. But many of these so-called reforms actually widen the net, weaving in new strands of punishment and control, and bringing new populations, who would not otherwise have been subject to imprisonment, under physical control by the state.As mainstream public opinion has begun to turn against mass incarceration, political figures on both sides of the spectrum are pushing for reform. But—though they’re promoted as steps to confront high rates of imprisonment—many of these measures are transforming our homes and communities into prisons instead.In Prison by Any Other Name, activist journalists Maya Schenwar and Victoria Law reveal the way the kinder, gentler narrative of reform can obscure agendas of social control and challenge us to question the ways we replicate the status quo when pursuing change. A foreword by Michelle Alexander situates the book in the context of criminal justice reform conversations. Finally, the book offers a bolder vision for truly alternative justice practices.

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.

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.

No Matter How Loud I Shout: A Year in the Life of Juvenile Court


Edward Humes - 1996
    Granted unprecedented access to the Los Angeles Juvenile Court, including the judges, the probation officers, and the children themselves, This book provides evidence of the system's inability to slow juvenile crime or to make even a reasonable stab at rehabilitating troubled young offenders. Humes draws a portrait of a judicial system in disarray.

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.

Caught: The Prison State and the Lockdown of American Politics


Marie Gottschalk - 2014
    jails and prisons have been remarkably modest. Meanwhile, a carceral state has sprouted in the shadows of mass imprisonment, extending its reach far beyond the prison gate. It includes not only the country's vast archipelago of jails and prisons but also the growing range of penal punishments and controls that lie in the never-never land between prison and full citizenship, from probation and parole to immigrant detention, felon disenfranchisement, and extensive lifetime restrictions on sex offenders. As it sunders families and communities and reworks conceptions of democracy, rights, and citizenship, this ever-widening carceral state poses a formidable political and social challenge.In this book, Marie Gottschalk examines why the carceral state, with its growing number of outcasts, remains so tenacious in the United States. She analyzes the shortcomings of the two dominant penal reform strategies--one focused on addressing racial disparities, the other on seeking bipartisan, race-neutral solutions centered on reentry, justice reinvestment, and reducing recidivism.In this bracing appraisal of the politics of penal reform, Gottschalk exposes the broader pathologies in American politics that are preventing the country from solving its most pressing problems, including the stranglehold that neoliberalism exerts on public policy. She concludes by sketching out a promising alternative path to begin dismantling the carceral state.

Hell Is a Very Small Place: Voices from Solitary Confinement


Jean Casella - 2016
    Yet the United States holds more than eighty thousand people in isolation on any given day. Now sixteen authors vividly describe the miserable realities of life in solitary.In a book that will add a startling new dimension to the debates around human rights and prison reform, former and current prisoners describe the devastating effects of solitary confinement on their minds and bodies, the solidarity expressed between individuals who live side by side for years without ever meeting one another face to face, the ever-present specters of madness and suicide, and the struggle to maintain hope and humanity.These firsthand accounts are supplemented by the writing of noted experts, exploring the psychological, legal, ethical, and political dimensions of solitary confinement, and a comprehensive introduction by James Ridgeway and Jean Casella. Sarah Shourd, herself a survivor of more than a year of solitary confinement, writes eloquently in a preface about an experience that changed her life.

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.