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.
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.
You Have the Right to Remain Innocent
James Duane - 2016
Duane became a viral sensation thanks to a 2008 lecture outlining the reasons why you should never agree to answer questions from the police—especially if you are innocent and wish to stay out of trouble with the law. In this timely, relevant, and pragmatic new book, he expands on that presentation, offering a vigorous defense of every citizen’s constitutionally protected right to avoid self-incrimination. Getting a lawyer is not only the best policy, Professor Duane argues, it’s also the advice law-enforcement professionals give their own kids.Using actual case histories of innocent men and women exonerated after decades in prison because of information they voluntarily gave to police, Professor Duane demonstrates the critical importance of a constitutional right not well or widely understood by the average American. Reflecting the most recent attitudes of the Supreme Court, Professor Duane argues that it is now even easier for police to use your own words against you. This lively and informative guide explains what everyone needs to know to protect themselves and those they love.
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.
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.
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
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the failed War on Drugs, draconian sentencing laws, an increasing reliance on private prisons
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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
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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.
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.
Let the Lord Sort Them: The Rise and Fall of the Death Penalty
Maurice Chammah - 2021
ANTHONY LUKAS AWARD In 1972, the United States Supreme Court made a surprising ruling: the country's death penalty system violated the Constitution. The backlash was swift, especially in Texas, where executions were considered part of the cultural fabric, and a dark history of lynching was masked by gauzy visions of a tough-on-crime frontier.When executions resumed, Texas quickly became the nationwide leader in carrying out the punishment. Then, amid a larger wave of criminal justice reform, came the death penalty's decline, a trend so durable that even in Texas the punishment appears again close to extinction.In Let the Lord Sort Them, Maurice Chammah charts the rise and fall of capital punishment through the eyes of those it touched. We meet Elsa Alcala, the orphaned daughter of a Mexican American family who found her calling as a prosecutor in the nation's death penalty capital, before becoming a judge on the state's highest court. We meet Danalynn Recer, a lawyer who became obsessively devoted to unearthing the life stories of men who committed terrible crimes, and fought for mercy in courtrooms across the state. We meet death row prisoners--many of them once-famous figures like Henry Lee Lucas, Gary Graham, and Karla Faye Tucker--along with their families and the families of their victims. And we meet the executioners, who struggle openly with what society has asked them to do.In tracing these interconnected lives against the rise of mass incarceration in Texas and the country as a whole, Chammah explores what the persistence of the death penalty tells us about forgiveness and retribution, fairness and justice, history and myth. Written with intimacy and grace, Let the Lord Sort Them is the definitive portrait of a particularly American institution.
I Can't Breathe: A Killing on Bay Street
Matt Taibbi - 2017
On July 17, 2014, a forty-three-year-old black man named Eric Garner died on a Staten Island sidewalk after a police officer put him in what has been described as an illegal chokehold during an arrest for selling bootleg cigarettes. The final moments of Garner's life were captured on video and seen by millions. His agonized last words, "I can't breathe," became a rallying cry for the nascent Black Lives Matter protest movement. A grand jury ultimately declined to indict the officer who wrestled Garner to the pavement. Matt Taibbi's deeply reported retelling of these events liberates Eric Garner from the abstractions of newspaper accounts and lets us see the man in full—with all his flaws and contradictions intact. A husband and father with a complicated personal history, Garner was neither villain nor victim, but a fiercely proud individual determined to do the best he could for his family, bedeviled by bad luck, and ultimately subdued by forces beyond his control. In America, no miscarriage of justice exists in isolation, of course, and in I Can't Breathe Taibbi also examines the conditions that made this tragedy possible. Featuring vivid vignettes of life on the street and inside our Kafkaesque court system, Taibbi's kaleidoscopic account illuminates issues around policing, mass incarceration, the underground economy, and racial disparity in law enforcement. No one emerges unsullied, from the conservative district attorney who half-heartedly prosecutes the case to the progressive mayor caught between the demands of outraged activists and the foot-dragging of recalcitrant police officials. A masterly narrative of urban America and a scathing indictment of the perverse incentives built into our penal system, I Can't Breathe drills down into the particulars of one case to confront us with the human cost of our broken approach to dispensing criminal justice.
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.
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.
My Time Will Come: A Memoir of Crime, Punishment, Hope, and Redemption
Ian Manuel - 2021
But today, if you'll bear with me, I would like to try to tell it to you myself. I have reason to believe the experts may be wrong about me. You see, today, thirty years later, I am neither in prison nor dead.--Ian Manuel
The United States is the only country in the world that sentences thirteen- and fourteen-year-old offenders, mostly youth of color, to life in prison without parole, regardless of the scientifically proven singularities of the developing adolescent brain--a heinous wrinkle in the scandal of mass incarceration. In 1991, Ian Manuel, then fourteen was sentenced to life without parole for a non-homicide crime. In a botched mugging attempt with some older boys, he shot Debbie Baigrie, a young white mother of two, in the face. But as Bryan Stevenson has insisted, none of us should be judged by only the worst thing we have ever done.Here, capturing the fullness of his humanity, is Ian Manuel's powerful testimony of growing up homeless in Central Park Village in Tampa, Florida, a neighborhood riddled with poverty, gang violence, and drug abuse--and of his efforts to rise above his circumstances, only to find himself, partly through his own actions, imprisoned for two-thirds of his life, eighteen years of which were spent in solitary confinement. Here is the at once wrenching and inspiring story of how he endured the savagery of the US prison system and of how his victim, an extraordinary woman, forgave him and bravely advocated for his freedom, achieved by a crusade on the part of the Equal Justice Initiative to address a barbarism of our judicial system, and to bring about just mercy.Full of unexpected twists and turns as it describes a struggle to attain the glory of redemption, My Time Will Come is a paean to the capacity of the human will to transcend adversity through determination and art (in Ian Manuel's case, his dedication to writing poetry).
Beneath a Ruthless Sun: A True Story of Violence, Race, and Justice Lost and Found
Gilbert King - 2018
She claims a "husky Negro" did it, and the sheriff, the infamous racist Willis McCall, does not hesitate to round up a herd of suspects. But within days, McCall turns his sights on Jesse Daniels, a gentle, mentally impaired white nineteen-year-old. Soon Jesse is railroaded up to the state hospital for the insane, and locked away without trial. But crusading journalist Mabel Norris Reese cannot stop fretting over the case and its baffling outcome. Who was protecting whom, or what? She pursues the story for years, chasing down leads, hitting dead ends, winning unlikely allies. Bit by bit, the unspeakable truths behind a conspiracy that shocked a community into silence begin to surface.Beneath a Ruthless Sun tells a powerful, page-turning story rooted in the fears that rippled through the South as integration began to take hold, sparking a surge of virulent racism that savaged the vulnerable, debased the powerful, and roils our own times still.
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.
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.