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.

Racism without Racists: Color-Blind Racism and the Persistence of Racial Inequality in the United States


Eduardo Bonilla-Silva - 2003
    Bonilla-Silva documented how beneath the rhetorical maze of contemporary racial discourse lies a full-blown arsenal of arguments, phrases, and stories that whites use to account for and ultimately justify racial inequities.In the new edition Bonilla-Silva has added a chapter dealing with the future of racial stratification in America that goes beyond the white / black dichotomy. He argues that the U.S. is developing a more complex and apparently "plural" racial order that will mimic Latin American patterns of racial stratification. Another new chapter addresses a variety of questions from readers of the first edition. And he has updated the book throughout with new information, data, and references where appropriate. The book ends with a new Postscript, "What is to be Done (For Real?)". As in the highly acclaimed first edition, Bonilla-Silva continues to challenge color-blind thinking.

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.

Halfway Home: Race, Punishment, and the Afterlife of Mass Incarceration


Reuben Jonathan Miller - 2021
    What his work revealed is a simple, if overlooked truth: life after incarceration is its own form of prison. The idea that one can serve their debt and return to life as a full-fledge member of society is one of America's most nefarious myths. Recently released individuals are faced with jobs that are off-limits, apartments that cannot be occupied and votes that cannot be cast.As The Color of Law exposed about our understanding of housing segregation, Halfway Home shows that the American justice system was not created to rehabilitate. Parole is structured to keep classes of Americans impoverished, unstable, and disenfranchised long after they've paid their debt to society.Informed by Miller's experience as the son and brother of incarcerated men, captures the stories of the men, women, and communities fighting against a system that is designed for them to fail. It is a poignant and eye-opening call to arms that reveals how laws, rules, and regulations extract a tangible cost not only from those working to rebuild their lives, but also our democracy. As Miller searchingly explores, America must acknowledge and value the lives of its formerly imprisoned citizens.PEN America 2022 John Kenneth Galbraith Award for Nonfiction FinalistWinner of the 2022 PROSE Award for Excellence in Social Sciences2022 PROSE Awards Finalist2022 PROSE Awards Category Winner for Cultural Anthropology and SociologyAn NPR Selected 2021 Books We LoveAs heard on NPR’s Fresh Air

Black Wealth/White Wealth: A New Perspective on Racial Inequality


Melvin L. Oliver - 1995
    An examination of how assets are created, expanded and preserved reveals a deep economic divide between blacks and whites. Charting the changing structure of inequality over many generations, the authors examine how and why many blacks have had difficulty accumulating wealth and opportunities for a better life. In combining quantitative data from over 12,000 households and interviews with a range of black and white families, the racial face of wealth in America is measured and conceptualized.

The End of Policing


Alex S. Vitale - 2017
    Among activists, journalists and politicians, the conversation about how to respond and improve policing has focused on accountability, diversity, training, and community relations. Unfortunately, these reforms will not produce results, either alone or in combination. The core of the problem must be addressed: the nature of modern policing itself.This book attempts to spark public discussion by revealing the tainted origins of modern policing as a tool of social control. It shows how the expansion of police authority is inconsistent with community empowerment, social justice—even public safety. Drawing on groundbreaking research from across the world, and covering virtually every area in the increasingly broad range of police work, Alex Vitale demonstrates how law enforcement has come to exacerbate the very problems it is supposed to solve.In contrast, there are places where the robust implementation of policing alternatives—such as legalization, restorative justice, and harm reduction—has led to a decrease in crime, spending, and injustice. The best solution to bad policing may be an end to policing.

At the Dark End of the Street: Black Women, Rape, and Resistance--A New History of the Civil Rights Movement from Rosa Parks to the Rise of Black Power


Danielle L. McGuire - 2010
    Rosa Parks was often described as a sweet and reticent elderly woman whose tired feet caused her to defy segregation on Montgomery’s city buses, and whose supposedly solitary, spontaneous act sparked the 1955 bus boycott that gave birth to the civil rights movement. The truth of who Rosa Parks was and what really lay beneath the 1955 boycott is far different from anything previously written. In this important book, Danielle McGuire writes about the rape in 1944 of a twenty-four-year-old mother and sharecropper, Recy Taylor, who strolled toward home after an evening of singing and praying at the Rock Hill Holiness Church in Abbeville, Alabama. Seven white men, armed with knives and shotguns, ordered the young woman into their green Chevrolet, raped her, and left her for dead. The president of the local NAACP branch office sent his best investigator and organizer—Rosa Parks—to Abbeville. In taking on this case, Parks launched a movement that exposed a ritualized history of sexual assault against black women and added fire to the growing call for change.

Racecraft: The Soul of Inequality in American Life


Karen E. Fields - 2012
    Sociologist Karen E. Fields and historian Barbara J. Fields argue otherwise: the practice of racism produces the illusion of race, through what they call “racecraft.” And this phenomenon is intimately entwined with other forms of inequality in American life. So pervasive are the devices of racecraft in American history, economic doctrine, politics, and everyday thinking that the presence of racecraft itself goes unnoticed.That the promised post-racial age has not dawned, the authors argue, reflects the failure of Americans to develop a legitimate language for thinking about and discussing inequality. That failure should worry everyone who cares about democratic institutions.

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.

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.

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.

Unwarranted: Policing Without Permission


Barry Friedman - 2017
    Just over a year later, the shooting of Michael Brown, a black teenager in Ferguson, Missouri, set off protests and triggered concern about militarization and discriminatory policing. In Unwarranted, Barry Friedman argues that these two seemingly disparate events are connected—and that the problem is not so much the policing agencies as it is the rest of us. We allow these agencies to operate in secret and to decide how to police us, rather than calling the shots ourselves. The courts have let us down entirely.Unwarranted is filled with stories of ordinary people whose lives were sundered by policing gone awry. Driven by technology, policing has changed dramatically from cops seeking out bad guys, to mass surveillance of all of society—backed by an increasingly militarized capability. Friedman captures this new eerie environment in which CCTV, location tracking, and predictive policing has made us all suspects, while proliferating SWAT teams and increased use of force puts everyone at risk.Police play an indispensable role in our society. But left under-regulated by us and unchecked by the courts, our lives, liberties, and property are at peril. Unwarranted is a vital, timely intervention in debates about policing, a call to take responsibility for governing those who govern us.

Invisible No More: Police Violence Against Black Women and Women of Color


Andrea J. Ritchie - 2017
    Amid growing awareness of police violence, individual Black men including Michael Brown, Eric Garner, Philando Castile, and Freddie Gray have been the focus of most media-driven narratives. Yet Black women, Indigenous women, and other women of color also face daily police violence. Invisible No More places the individual stories of women and girls such as Sandra Bland, Dajerria Becton, Mya Hall, and Rekia Boyd into broader contexts, centering women of color within conversations around the twin epidemics of police violence and mass incarceration. Invisible No More also documents the evolution of a movement for justice for women of color targeted by police that has been building for decades, largely in the shadows of mainstream campaigns for racial justice and police accountability. Informed by twenty years of research and advocacy by Black lesbian immigrant and police-misconduct attorney Andrea Ritchie, this groundbreaking work demands a sea change in how police violence is understood by mainstream media, policymakers, academics, and the general public, as well as a radical rethinking of our visions of safety and the means we devote to achieving it."

The First Civil Right: How Liberals Built Prison America


Naomi Murakawa - 2014
    incarceration rate in the second half of the 20th century, and the racial transformation of the prison population from mostly white at mid-century to 65% black and Latino in the present day, is a trend that cannot easily be ignored. Many believe this shift began with the "tough on crime" policies advocated by Republicans and southern Democrats beginning in the late 1960s, which sought longer prison sentences, more frequent use of the death penalty, and the explicit or implicit targeting of politically marginalized people.In The First Civil Right, Naomi Murakawa inverts the conventional wisdom by arguing that the expansion of the federal carceral state--a system that disproportionately imprisons blacks and Latinos--was, in fact, rooted in the civil-rights liberalism of the 1940s and early 1960s, not in the period after.Murakawa traces the development of the modern American prison system through several presidencies, both Republican and Democrat. Responding to calls to end the lawlessness and violence against blacks at the state and local levels, the Truman administration expanded the scope of what was previously a weak federal system. Later administrations from Johnson to Clinton expanded the federal presence even more.Ironically, these steps laid the groundwork for the creation of the vast penal archipelago that now exists in the United States. What began as a liberal initiative to curb the mob violence and police brutality that had deprived racial minorities of their 'first civil right'--physical safety--eventually evolved into the federal correctional system that now deprives them, in unjustly large numbers, of another important right: freedom.The First Civil Right is a groundbreaking analysis of root of the conflicts that lie at the intersection of race and the legal system in America.

Slavery by Another Name: The Re-Enslavement of Black Americans from the Civil War to World War II


Douglas A. Blackmon - 2008
    Blackmon brings to light one of the most shameful chapters in American history—an “Age of Neoslavery” that thrived from the aftermath of the Civil War through the dawn of World War II.Under laws enacted specifically to intimidate blacks, tens of thousands of African Americans were arbitrarily arrested, hit with outrageous fines, and charged for the costs of their own arrests. With no means to pay these ostensible “debts,” prisoners were sold as forced laborers to coal mines, lumber camps, brickyards, railroads, quarries, and farm plantations. Thousands of other African Americans were simply seized by southern landowners and compelled into years of involuntary servitude. Government officials leased falsely imprisoned blacks to small-town entrepreneurs, provincial farmers, and dozens of corporations—including U.S. Steel—looking for cheap and abundant labor. Armies of “free” black men labored without compensation, were repeatedly bought and sold, and were forced through beatings and physical torture to do the bidding of white masters for decades after the official abolition of American slavery.The neoslavery system exploited legal loopholes and federal policies that discouraged prosecution of whites for continuing to hold black workers against their wills. As it poured millions of dollars into southern government treasuries, the new slavery also became a key instrument in the terrorization of African Americans seeking full participation in the U.S. political system.Based on a vast record of original documents and personal narratives, Slavery by Another Name unearths the lost stories of slaves and their descendants who journeyed into freedom after the Emancipation Proclamation and then back into the shadow of involuntary servitude. It also reveals the stories of those who fought unsuccessfully against the re-emergence of human labor trafficking, the modern companies that profited most from neoslavery, and the system’s final demise in the 1940s, partly due to fears of enemy propaganda about American racial abuse at the beginning of World War II.Slavery by Another Name is a moving, sobering account of a little-known crime against African Americans, and the insidious legacy of racism that reverberates today.