front cover of Gangs on Trial
Gangs on Trial
Challenging Stereotypes and Demonization in the Courts
John M. Hagedorn
Temple University Press, 2022

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.

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front cover of Getting Away with Murder
Getting Away with Murder
How Politics Is Destroying the Criminal Justice System
Susan Estrich
Harvard University Press, 1998

Justice isn't blind. It's winking. This is the message Americans get when, against the weight of overwhelming evidence, high-profile suspects go free; when there are special sentencing rules for battered wives or adult survivors of childhood abuse; when murderers are released from prison to rape and murder again, and politicians make political hay out of these cases; when lawyers look less like servants of higher values and more like profit seekers reaping fortunes by helping clients get away with murder. This book is a penetrating look into what's wrong with the American legal system, a devastating critique of how politics has corrupted criminal law in America.

Written with clarity and simplicity, Getting Away with Murder is a lesson in how the law works and a blueprint for how it should work. Susan Estrich takes on the enflamed issues, from the O. J. Simpson trial to three strikes legislation, but pushes well beyond the soundbite answers. Drawing on her background as a lawyer, political commentator, professor, and national campaign manager for Michael Dukakis, she brings academic expertise and political experience together in a way that very few people can.

In particular, Estrich argues that group-based jury nullification, like group-based abuse excuses, is precisely the wrong answer to the biases of the criminal justice system. Getting Away with Murder also views this system in the wider political arena, where fiascoes like the Willie Horton case stifle political debate and promote policies that tie the hands of judges in dealing with dangerous offenders. Lawyers do not escape Estrich's notice; she directs some of her most pointed remarks at the failure of the legal profession to tend to the ethical duties and legal values that it professes.

At a time when three quarters of black Americans believe that the criminal justice system is racist and unfair; when nearly half of all whites think it's ineffective and in decline; when crime, though falling, still tops the list of public concerns, and politicians exploit public distrust of the system to get elected, Getting Away with Murder makes a statement that is powerful, controversial, and urgently needed.

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front cover of Guilty People
Guilty People
Abbe Smith
Rutgers University Press, 2020
Criminal defense attorneys protect the innocent and guilty alike, but, the majority of criminal defendants are guilty. This is as it should be in a free society. Yet there are many different types of crime and degrees of guilt, and the defense must navigate through a complex criminal justice system that is not always equipped to recognize nuances.
 
In Guilty People, law professor and longtime criminal defense attorney Abbe Smith gives us a thoughtful and honest look at guilty individuals on trial. Each chapter tells compelling stories about real cases she handled; some of her clients were guilty of only petty crimes and misdemeanors, while others committed offenses as grave as rape and murder. In the process, she answers the question that every defense attorney is routinely asked: How can you represent these people?
 
Smith’s answer also tackles seldom-addressed but equally important questions such as: Who are the people filling our nation’s jails and prisons? Are they as dangerous and depraved as they are usually portrayed? How did they get caught up in the system? And what happens to them there? 
 
This book challenges the assumption that the guilty are a separate species, unworthy of humane treatment. It is dedicated to guilty people—every single one of us.
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