John Hagedorn, who has long been an expert witness in gang-related court cases, claims that what transpires in the trials of gang members is a far cry from what we would consider justice. In Gangs on Trial, he recounts his decades of experience to show how stereotypes are used against gang members on trial and why that is harmful. Hagedorn uses real-life stories to explain how implicit bias often replaces evidence and how the demonization of gang members undermines fairness. Moreover, a “them and us” mentality leads to snap judgments that ignore the complexity of gang life in America.
Gangs on Trial dispels myths about gangs and recommends tactics for lawyers, mitigation specialists, and expert witnesses as well as offering insights for jurors. Hagedorn describes how minds are subconsciously “primed” when a defendant is identified as a gang member, and discusses the “backfire effect,” which occurs when jurors hear arguments that run counter to their beliefs. He also reveals how attributional errors, prejudice, and racism impact sentences of nonwhite defendants.
Hagedorn argues that dehumanization is the psychological foundation of mass incarceration. Gangs on Trial advocates for practical sentencing reforms and humanizing justice.
While reading what top legal reporters say about some of the most important U.S. Supreme Court oral arguments in recent history, go to this website to listen to audio and hear for yourself the very style and delivery of the oral arguments that have shaped the history of our nation's highest law. See Preface for full instructions.
Contributors
Timothy R. Johnson teaches in the Department of Political Science and the Law School at the University of Minnesota.
Jerry Goldman teaches political science at Northwestern University and directs the OYEZ Project, a multimedia archive devoted to the Supreme Court, at www.oyez.org.
Cover sketch by Dana Verkouteren
"Supreme Court oral arguments are good government in action. A Good Quarrel brilliantly showcases this important aspect of the Court's work."
---Paul Clement, Partner, King & Spalding, and former United States Solicitor General
"Few legal experiences are as exhilarating as a Supreme Court oral argument---a unique art form that this superb collection brings vividly to life."
---Kathleen Sullivan, Partner, Quinn Emanuel Urquhart Oliver and Hedges, and former Dean, Stanford Law School
"[A Good Quarrel] shines a brilliant spotlight on the pivotal moment of advocacy when the Supreme Court confronts the nation's most profound legal questions."
---Thomas C. Goldstein, Partner, Akin Gump, and Lecturer, Supreme Court Litigation, Harvard Law School and Stanford Law School
"A brilliant way to understand America's most important mysterious institution."
---Lawrence Lessig, Stanford Law School
The NRA steadfastly maintains that the 30,000 gun-related deaths and 300,000 assaults with firearms in the United States every year are a small price to pay to guarantee freedom. As former NRA President Charlton Heston put it, "freedom isn't free."
And when gun enthusiasts talk about Constitutional liberties guaranteed by the Second Amendment, they are referring to freedom in a general sense, but they also have something more specific in mind---freedom from government oppression. They argue that the only way to keep federal authority in check is to arm individual citizens who can, if necessary, defend themselves from an aggressive government.
In the past decade, this view of the proper relationship between government and individual rights and the insistence on a role for private violence in a democracy has been co-opted by the conservative movement. As a result, it has spread beyond extreme "militia" groups to influence state and national policy.
In Guns, Democracy, and the Insurrectionist Idea, Josh Horwitz and Casey Anderson reveal that the proponents of this view base their argument on a deliberate misreading of history. The Insurrectionist myth has been forged by twisting the facts of the American Revolution and the founding of the United States, the denial of civil rights to African-Americans after the Civil War, and the rise of the Third Reich under Adolf Hitler. Here, Horwitz and Anderson set the record straight. Then, challenging the proposition that more guns equal more freedom, they expose Insurrectionism---not government oppression---as the true threat to freedom in the U.S. today.
Joshua Horwitz received a law degree from George Washington University and is currently a visiting scholar at the Johns Hopkins Bloomberg School of Public Health. He is Executive Director of the Coalition to Stop Gun Violence and the Educational Fund to Stop Gun Violence. He has spent nearly two decades working on gun violence prevention issues. He lives in Arlington, Virginia.
Casey Anderson holds a law degree from Georgetown University and is currently a lawyer in private practice in Washington, D.C. He has served in senior staff positions with the U.S. Congress, the Coalition to Stop Gun Violence, and Americans for Gun Safety. He lives in Arlington, Virginia.
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