Criminal Injustice

This volume examines racism within the process of criminal justice. In every society criminal justice plays a key role establishing social control and maintaining the hegemony of the dominant economic classes. The contributors to this anthology argue that the differential treatment of people of colour and First Nations peoples is due to systemic racism within all levels of the criminal justice system, which serves these dominant classes. Ideological and cultural changes are preconditions for the success of anti-racist policies and practices within the criminal justice system and within other state institutions. Recommendations for transformations in justice policy and practice are provided.

In his impassioned-yet-measured book, Rafael A. Mangual offers an incisive critique of America's increasingly radical criminal justice reform movement, and makes a convincing case against the pursuit of "justice" through mass-decarceration and depolicing. After a summer of violent protests in 2020--sparked by the deaths of George Floyd, Breonna Taylor, and Rayshard Brooks--a dangerously false narrative gained mainstream acceptance: Criminal justice in the United States is overly punitive and racially oppressive. But, the harshest and loudest condemnations of incarceration, policing, and prosecution are often shallow and at odds with the available data. And the significant harms caused by this false narrative are borne by those who can least afford them: black and brown people who are disproportionately the victims of serious crimes. In Criminal (In)Justice, Rafael A. Mangual offers a more balanced understanding of American criminal justice, and cautions against discarding traditional crime control measures. A powerful combination of research, data-driven policy journalism, and the author's lived experiences, this book explains what many reform advocates get wrong, and illustrates how the misguided commitment to leniency places America's most vulnerable communities at risk. The stakes of this moment are incredibly high. Ongoing debates over criminal justice reform have the potential to transform our society for a generation--for better or for worse. Grappling with the data--and the sometimes harsh realities they reflect--is the surest way to minimize the all-too-common injustices plaguing neighborhoods that can least afford them.

When he went to bed on the night of September 6, 1988, seventeen-year-old Marty Tankleff was a typical kid in the upscale Long Island community of Belle Terre. He was looking forward to starting his senior year at Earl L. Vandermeulen High School the next day. But instead, Marty woke in the morning to find his parents brutally bludgeoned, their throats slashed. His mother, Arlene, was dead. His father, Seymour, was barely alive and would die a month later. With remarkable self-possession, Marty called 911 to summon help. And when homicide detective James McCready arrived on the scene an hour later, Marty told him he believed he knew who was responsible: Jerry Steuerman, his father’s business partner. Steuerman owed Seymour more than half a million dollars, had recently threatened him, and had been the last to leave a high-stakes poker game at the Tankleffs’ home the night before. However, McCready inexplicably dismissed Steuerman as a suspect. Instead, he fastened on Marty as the prime suspect–indeed, his only one. Before the day was out, the police announced that Marty had confessed to the crimes. But Marty insisted the confession was fabricated by the police. And a week later, Steuerman faked his own death and fled to California under an alias. Yet the police and prosecutors remained fixated on Marty–and two years later, he was convicted on murder charges and sentenced to fifty years in prison. But Marty’s unbelievable odyssey was just beginning. With the support of his family, he set out to prove his innocence and gain his freedom. For ten years, disappointment followed disappointment as appeals to state and federal courts were denied. Still, Marty never gave up. He persuaded Jay Salpeter, a retired NYPD detective turned private eye, to look into his case. At first it was just another job for Salpeter. As he dug into the evidence, though, he began to see signs of gross ineptitude or worse: Leads ignored. Conflicts of interest swept under the rug. A shocking betrayal of public trust by Suffolk County law enforcement that went well beyond a simple miscarriage of justice. After Salpeter’s discoveries brought national media attention to the case, Marty’s conviction was finally vacated in 2007, and New York’s governor appointed a special prosecutor to reopen the twenty-year-old case. At the same time, the State Investigation Commission announced an inquiry into Suffolk County’s handling of what has come to be widely viewed as one of America’s most disturbing wrongful conviction cases. As gripping as a Grisham novel, A Criminal Injustice is the story of an innocent man’s tenacious fight for freedom, an investigator’s dogged search for the truth. It is a searing indictment of justice in America.

Criminal Injustice: Slaves and Free Blacks in Georgia’s Criminal Justice System is the most comprehensive study of the criminal justice system of a slave state to date. McNair traces the evolution of Georgia’s legal culture by examining its use of slave codes and slave patrols, as well as presenting data on crimes prosecuted, trial procedures and practices, conviction rates, the appellate process, and punishment. Based on more than four hundred capital cases, McNair’s study deploys both narrative and quantitative analysis to get at both the theory and the reality of the criminal procedure for slaves in the century leading up to the Civil War. He shows how whites moved from the utopian innocence of the colony’s original Trustees, who envisioned a society free of slavery and the depravity it inculcated in masters, to one where slaveholders became the enforcers of laws and informal rules, the severity of which was limited only by the increasing economic value of their slaves as property. The slaves themselves, regarded under the law both as moveable property and--for the purposes of punishment--as moral agents, had, inevitably, a radically different view of Georgia’s slave criminal justice system. Although the rules and procedures were largely the same for both races, the state charged and convicted blacks more frequently and punished them more severely than whites for the same crimes. Courts were also more punitive in their judgment and punishment of black defendants when their victims were white, a pattern of disparate treatment based on race that persists to this day. Informal systems of control in urban households and on rural plantations and farms complemented the formal system and enhanced the power of slaveowners. Criminal Injustice shows how the prerogatives of slavery and white racial domination trumped any hope for legal justice for blacks.

Beginning with an exploration of the awful miscarriages which prompted the establishment of the Royal Commission on Criminal Justice, the authors examine the role played by institutions and legal factors within the criminal process. Tracking the shift from due process rhetoric to the 'new penology' of efficient risk management of suspect populations, they assess the impact of recent reforms such as curtailment of the right to silence; the removal of the right to jury trial; and the appeal process itself.

Indigenous peoples are vastly overrepresented in the Canadian criminal justice system. The Canadian government has framed this disproportionate victimization and criminalization as being an "Indian problem." In The Colonial Problem, Lisa Monchalin challenges the myth of the "Indian problem" and encourages readers to view the crimes and injustices affecting Indigenous peoples from a more culturally aware position. She analyzes the consequences of assimilation policies, dishonoured treaty agreements, manipulative legislation, and systematic racism, arguing that the overrepresentation of Indigenous peoples in the Canadian criminal justice system is not an Indian problem but a colonial one.

NEW YORK TIMES BESTSELLER • “Unfair succinctly and persuasively recounts cutting-edge research testifying to the faulty and inaccurate procedures that underpin virtually all aspects of our criminal justice system, illustrating many with case studies.”—The Boston Globe A child is gunned down by a police officer; an investigator ignores critical clues in a case; an innocent man confesses to a crime he did not commit; a jury acquits a killer. 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.

'At a time when activists, elected officials, and concerned individuals should be countering these trends with demands for jobs, education and serious alternatives to imprisonment, there is relative silence. Criminal Injustice, which explores the connections between imprisonment, racism, class domination, misogyny, and homophobia, offers us invaluable information and compelling arguments for placing prison issues on the agenda of every progressive organization.' Angela Y. DavisThis remarkable anthology exposes and uncovers the economic and political realities behind the imprisonment of astounding numbers of the working class, working poor, and people of color.