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.

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.

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.

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.

Ghettoside: A True Story of Murder in America


Jill Leovy - 2015
    His assailant ran down the street, jumped into an SUV, and vanished, hoping to join the vast majority of killers in American cities who are never arrested for their crimes. But as soon as the case was assigned to Detective John Skaggs, the odds shifted. Here is the kaleidoscopic story of the quintessential American murder--one young black man slaying another--and a determined crew of detectives whose creed was to pursue justice at all costs for its forgotten victims. Ghettoside is a fast-paced narrative of a devastating crime, an intimate portrait of detectives and a community bonded in tragedy, and a surprising new lens into the great subject of murder in America--why it happens and how the plague of killings might yet be stopped.

Rise of the Warrior Cop: The Militarization of America's Police Forces


Radley Balko - 2013
    As a result, our country has generally worked to keep the military out of law enforcement. But according to investigative reporter Radley Balko, over the last several decades, America’s cops have increasingly come to resemble ground troops. The consequences have been dire: the home is no longer a place of sanctuary, the Fourth Amendment has been gutted, and police today have been conditioned to see the citizens they serve as an other—an enemy.Today’s armored-up policemen are a far cry from the constables of early America. The unrest of the 1960s brought about the invention of the SWAT unit—which in turn led to the debut of military tactics in the ranks of police officers. Nixon’s War on Drugs, Reagan’s War on Poverty, Clinton’s COPS program, the post–9/11 security state under Bush and Obama: by degrees, each of these innovations expanded and empowered police forces, always at the expense of civil liberties. And these are just four among a slew of reckless programs.In Rise of the Warrior Cop, Balko shows how politicians’ ill-considered policies and relentless declarations of war against vague enemies like crime, drugs, and terror have blurred the distinction between cop and soldier. His fascinating, frightening narrative shows how over a generation, a creeping battlefield mentality has isolated and alienated American police officers and put them on a collision course with the values of a free society.

Courtroom 302: A Year Behind the Scenes in an American Criminal Courthouse


Steve Bogira - 2005
    Here we see the system through the eyes of the men and women who experience it, not only in the courtroom but in the lockup, the jury room, the judge's chambers, the spectators' gallery. From the daily grind of the court to the highest-profile case of the year, Steve Bogira's masterful investigation raises fundamental issues of race, civil rights, and justice in America.

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.

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.

Chasing the Scream: The First and Last Days of the War on Drugs


Johann Hari - 2015
    On the eve of this centenary, journalist Johann Hari set off on an epic three-year, thirty-thousand-mile journey into the war on drugs. What he found is that more and more people all over the world have begun to recognize three startling truths: Drugs are not what we think they are. Addiction is not what we think it is. And the drug war has very different motives to the ones we have seen on our TV screens for so long.In Chasing the Scream, Hari reveals his discoveries entirely through the stories of people across the world whose lives have been transformed by this war. They range from a transsexual crack dealer in Brooklyn searching for her mother, to a teenage hit-man in Mexico searching for a way out. It begins with Hari's discovery that at the birth of the drug war, Billie Holiday was stalked and killed by the man who launched this crusade--and it ends with the story of a brave doctor who has led his country to decriminalize every drug, from cannabis to crack, with remarkable results.Chasing the Scream lays bare what we really have been chasing in our century of drug war--in our hunger for drugs, and in our attempt to destroy them. This book will challenge and change how you think about one of the most controversial--and consequential--questions of our time.

Gang Leader for a Day: A Rogue Sociologist Takes to the Streets


Sudhir Venkatesh - 2008
    Gang Leader for a Day is the fascinating full story of how Sudhir Venkatesh managed to gain entrée into the gang, what he learned, and how his method revolutionized the academic establishment. When Venkatesh walked into an abandoned building in one of Chicago's most notorious housing projects, he was looking for people to take a multiple-choice survey on urban poverty. A first-year grad student, he would befriend a gang leader named JT and spend the better part of the next decade inside the projects under JT's protection, documenting what he saw there. Over the next seven years, Venkatesh observed JT and the rest of the gang as they operated their crack selling business, conducted PR within their community, and rose up or fell within the ranks of the gang's complex organizational structure. Gang Leader for a Day is an inside view into the morally ambiguous, highly intricate, often corrupt struggle to survive in an urban war zone. It is also the story of a complicated friendship between two young and ambitious men, a universe apart.

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.

The Autobiography of an Execution


David R. Dow - 2010
    "People think that because I am against the death penalty and don't think people should be executed, that I forgive those people for what they did. Well, it isn't my place to forgive people, and if it were, I probably wouldn't. I'm a judgmental and not very forgiving guy. Just ask my wife."It this spellbinding true crime narrative, Dow takes us inside of prisons, inside the complicated minds of judges, inside execution-administration chambers, into the lives of death row inmates (some shown to be innocent, others not) and even into his own home--where the toll of working on these gnarled and difficult cases is perhaps inevitably paid. He sheds insight onto unexpected phenomena-- how even religious lawyer and justices can evince deep rooted support for putting criminals to death-- and makes palpable the suspense that clings to every word and action when human lives hang in the balance.

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.

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.