Race Rape And Injustice

This book tells the dramatic story of twenty-eight law students—one of whom was the author—who went south at the height of the civil rights era and helped change death penalty jurisprudence forever. The 1965 project was organized by the NAACP Legal Defense and Educational Fund, which sought to prove statistically whether capital punishment in southern rape cases had been applied discriminatorily over the previous twenty years. If the research showed that a disproportionate number of African Americans convicted of raping white women had received the death penalty regardless of nonracial variables (such as the degree of violence used), then capital punishment in the South could be abolished as a clear violation of the Fourteenth Amendment’s Equal Protection Clause. Targeting eleven states, the students cautiously made their way past suspicious court clerks, lawyers, and judges to secure the necessary data from dusty courthouse records. Trying to attract as little attention as possible, they managed—amazingly—to complete their task without suffering serious harm at the hands of white supremacists. Their findings then went to University of Pennsylvania criminologist Marvin Wolfgang, who compiled and analyzed the data for use in court challenges to death penalty convictions. The result was powerful evidence that thousands of jurors had voted on racial grounds in rape cases. This book not only tells Barrett Foerster’s and his teammates story but also examines how the findings were used before a U.S. Supreme Court resistant to numbers-based arguments and reluctant to admit that the justice system had executed hundreds of men because of their skin color. Most important, it illuminates the role the project played in the landmark Furman v. Georgia case, which led to a four-year cessation of capital punishment and a more limited set of death laws aimed at constraining racial discrimination. A Virginia native who studied law at UCLA, BARRETT J. FOERSTER (1942–2010) was a judge in the Superior Court in Imperial County, California. MICHAEL MELTSNER is the George J. and Kathleen Waters Matthews Distinguished Professor of Law at Northeastern University. During the 1960s, he was first assistant counsel to the NAACP Legal Defense Fund. His books include The Making of a Civil Rights Lawyer and Cruel and Unusual: The Supreme Court and Capital Punishment.

The American criminal justice system, though undoubtedly one of the best in the world, is far from perfect. Every once in a while a notorious case comes along and reveals its uglier side--for instance, its differential treatment of whites and people of color. Such cases often garner huge amounts of national media attention and capture the sustained interest of a normally restless American public. Whatever their outcome, they provide academics with exceptional opportunities to study, learn, and teach about the justice system. They also offer the chance to study related matters, such as the conduct of particular law enforcement and other officials, as well as the underlying causes of crime and the public''s reaction to it. The Duke lacrosse players'' rape prosecution is one such case. One evening in March 2006, members of the lacrosse team held an off-campus party where alcohol was served and two erotic dancers were hired to perform. A disagreement broke out between the dancers and the players; later, one of the former, Crystal Mangum, alleged that three players had raped her. Mangum was black and relatively poor; the accused were white and relatively privileged. Up for re-election in a jurisdiction with many African American voters, District Attorney Mike Nifong pursued the case very aggressively. He used questionable identification procedures and was unusually outspoken in numerous local and national media appearances. Even after DNA evidence indicated that the defendants had not engaged in sexual activity with the victim, he declined to drop the charges. Worse, he hid other exculpatory DNA evidence. The case split the Duke campus, the Durham community, and observers at large into sharply divided factions. Desperately trying to preserve its hard-won reputation as an upper-echelon school, the university cancelled the lacrosse season, suspended the three indicted players, and commenced a series of internal investigations. After months of dramatic twists and turns, the North Carolina Bar Association charged Nifong with violating several ethics provisions based on his handling of the prosecution. Within days of being charged, Nifong relinquished the case to the North Carolina Attorney General who, after reviewing the proof, dismissed all remaining charges against the lacrosse players and publicly declared their innocence. After a thirteen-month ordeal, the case was finally over. Eventually, the disgraced Nifong was disbarred. "This book is a fascinating expose. The story of this shocking case is an unforgettable reminder of what can go wrong when politics and justice collide. It is full of lessons to be learned by anyone interested in prosecutorial discretion, sexual assault, campus administration, evidence, media coverage of crime, grand juries, college drinking, race relations, or wrongful convictions." -- Nancy J. King, Lee S. and Charles A. Speir Professor of Law, Vanderbilt University School of Law "A wonderful compilation of materials that provide an incredibly insightful look at many facets of law and society through the lens of a single case." -- Ellen S. Podgor, Associate Dean and Professor of Law, Stetson University College of Law "This book not only provides all of the rich factual detail that one could want about one of the most conspicuous legal cases of our generation, but also delves deeply into its legal, sociological and cultural ramifications. Its impressive array of prominent authors uses the occasion of the Duke lacrosse prosecution to help us learn a surprising number of nuanced and trenchant lessons about our legal system, our society and ourselves." -- Christopher Slobogin, Milton Underwood Professor of Law, Vanderbilt University Law School "The edited volume covers a broad terrain and touches on a number of important issues, most significantly the role of prosecutors in the justice system... The breadth of the book provides a wide range of readings for people interested in just about any angle of this peculiar case." -- Law & Politics Book Review "Race to Injustice is a must-read for anyone who cares enough about equal justice in America to admit the criminal justice system is far from perfect and cries out for reform..." -- The Florida Bar Journal "The essays are tight, clear, well written, and well documented. This collection is highly recommended for anyone interested in social justice issues." -- CHOICE Magazine

The party was planned . . . college friends, booze, even a couple of strippers. But, the revelry the boys were anticipating never happened. Instead of the good time they had hoped for, several members of the Duke University lacrosse team were charged with assault and rape. Amazingly, when the district attorney stepped up to the bank of microphones on a world stage and made his pronouncement, it soulded like an easy verdict. Few suspected that this blockbuster of a news story was based on lies and furthered by private political ambitions. Seasoned trial lawyer Nader Baydoun, a Duke alumnus, paid close attention to the lacrosse case from the moment it broke. And it wasn't long before he suspected that something was wrong. Baydoun started digging. here's what he and his collaborator, New York Times best-selling author and attorney R. Stephanie Good, found: From the very start, the supposed victim, Crystal Gale Mangum, and her partner, gave highly inconsistent statements District Attorney Mike Nifong never interviewed Mangum about the night of the supposed rape The DA damned the players in the press even after he saw DNA evidence that irrevocably vindicated them Nifong made a deal to keep exculpatory DNA evidence a secret The DA refused to review other evidence that proved the players could not have sexually assaulted Mangum, including rock-solid alibis These appalling facts, along with many others revealed here, add up to this: At no time was there ever any credible evidence that a rape had occurred?and the DA dragged three innocent young men through a merciless gauntlet for the sole purpose of advancing his political career. In this landmark book, Baydoun gives the behind-the-scenes account of the Duke lacrosse rape case from primary sources, and sheds light on the real victims in a case that gripped the nation.

Challenging notions of race and sexuality presumed to have originated and flourished in the slave South, Diane Miller Sommerville traces the evolution of white southerners' fears of black rape by examining actual cases of black-on-white rape throughout the nineteenth century. Sommerville demonstrates that despite draconian statutes, accused black rapists frequently avoided execution or castration, largely due to intervention by members of the white community. This leniency belies claims that antebellum white southerners were overcome with anxiety about black rape. In fact, Sommerville argues, there was great fluidity across racial and sexual lines as well as a greater tolerance among whites for intimacy between black males and white females. According to Sommerville, pervasive misogyny fused with class prejudices to shape white responses to accusations of black rape even during the Civil War and Reconstruction periods, a testament to the staying power of ideas about poor women's innate depravity. Based predominantly on court records and supporting legal documentation, Sommerville's examination forces a reassessment of long-held assumptions about the South and race relations as she remaps the social and racial terrain on which southerners--black and white, rich and poor--related to one another over the long nineteenth century.

Rape, Race, and Lynching examines American literary encounters with the conditions, processes and consequences of violence by whites against blacks.

The New York Times best selling true story of an unlikely friendship forged between a woman and the man she incorrectly identified as her rapist and sent to prison for 11 years. Jennifer Thompson was raped at knifepoint by a man who broke into her apartment while she slept. She was able to escape, and eventually positively identified Ronald Cotton as her attacker. Ronald insisted that she was mistaken-- but Jennifer's positive identification was the compelling evidence that put him behind bars. After eleven years, Ronald was allowed to take a DNA test that proved his innocence. He was released, after serving more than a decade in prison for a crime he never committed. Two years later, Jennifer and Ronald met face to face-- and forged an unlikely friendship that changed both of their lives. With Picking Cotton, Jennifer and Ronald tell in their own words the harrowing details of their tragedy, and challenge our ideas of memory and judgment while demonstrating the profound nature of human grace and the healing power of forgiveness.

This book is an in-depth critical examination of all pertinent aspects of life without parole (LWOP). Empirically assessing key arguments that advance LWOP, including as an alternative to the death penalty, it reveals that not only is the punishment cruel while not providing any societal benefits, it is actually detrimental to society. Over the last 30 years, LWOP has exploded in the United States. While the use of capital punishment over that same time period has declined, it must be recognized that LWOP is, in fact, a hidden death sentence. It is, however, implemented in a way that allows society to largely ignore this truth. While capital punishment has rightfully been subject to intense debate and scholarship, LWOP has mostly escaped such scrutiny. In fact, LWOP has been touted by both death penalty abolitionists and by tough-on-crime conservatives, which has allowed it to flourish under the radar. Specifically, abolitionists have advanced LWOP as a palatable alternative to capital punishment, which they perceive as inhumane, error-prone, costly, and racially biased. Conservatives, meanwhile, advocate for LWOP as an effective means of fighting crime, a just form of retribution, and necessary tool for managing incorrigible offenders. This book seeks to tap into and help inform this growing debate by subjecting these key arguments to empirical scrutiny. The results of those analyses fail to produce any evidence in support of any of those various justifications and therefore suggest that LWOP should be abolished and replaced with life sentences that come with parole eligibility after a maximum of 25 years. The book will be of great interest to students and scholars of criminology and criminal justice and will also have crossover appeal into the fields of law, political science, and sociology. It will also appeal to criminal justice professionals, lawmakers, activists, and attorneys, as well as death penalty abolitionists, opponents of mass incarceration, advocates for sentencing reform, and supporters of prisoners’ rights.

Intended for high school and college students, teachers, adult educational groups, and general readers, this book is of value to them primarily as a learning and reference tool. It also provides a critical perspective on the actions and legacies of ordinary and elite blacks and their non-black allies.