front cover of Scoundrels to the Hoosegow
Scoundrels to the Hoosegow
Perry Mason Moments and Entertaining Cases from the Files of a Prosecuting Attorney
Morley Swingle
University of Missouri Press, 2007

I closed my direct examination of narcotics officer Bill Bohnert by asking, "Detective Bohnert, do you see in the courtroom today the man we just saw on the tape, selling the crack cocaine to Darren Bullard?"

            Bohnert pointed to Robert Funt.

            "He's right there. . . ."

            I heard laughter in the courtroom. I glanced at the defendant, who had dutifully raised his hand.

            The prisoners seated behind him were laughing. They recognized a Perry Mason moment when they saw one. 

            Bohnert continued, "He's the one with his hand raised in the air."

            It has been said that the public prosecutor has more power over life, liberty, and reputation than any other person—a daunting proposition, but perhaps less intimidating when that official’s perspective is tempered by humor and compassion.

            In Scoundrels to the Hoosegow, a veteran prosecutor who is also a consummate storyteller shares more than thirty entertaining legal stories drawn from real life, re-creating, with verve and wit, villains, heroes, and ordinary citizens. In cases both tragic and hilarious, Morley Swingle offers a behind-the-scenes look at the justice system, taking readers from the scene of the crime to the courtroom as he explores the worlds of judges, attorneys, police officers, and criminals.

            Informed by a deep appreciation of Mark Twain, Swingle aims to do for his profession what Clemens did for riverboat piloting. He leads readers on an enjoyable romp through crime and punishment, while offering a clear exposition of legal points—from the subtleties of cross-examination to the role of plea bargaining.

            In cases ranging from indecent exposure to conspiracy to commit murder, Swingle considers the fine line between pornography and obscenity and discusses sensitive issues surrounding first-degree murder and the death penalty. Whether describing a drunken but well-meaning probationer who frees the dogs on “death row” or the woman who tries to hire a reluctant hit man to dispose of her husband, he combines true crime and legal analysis with a healthy dose of humor—and shares the occasional “Perry Mason moment” in which a trial dramatically shifts direction.

            Not since the author of Anatomy of a Murder, Robert Traver,  wrote Small Town D.A. fifty years ago has an American prosecutor penned such a candid, revealing, and funny account of the job—an altogether satisfying book that sentences the reader to many hours of enjoyment.

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Security in Paraguay
Analysis and Responses in Comparative Perspective
James L. Cavallaro, Jacob Kopas, Yukyan Lam, Timothy Mayhle, and Soledad Villagra de Biedermann
Harvard University Press
The perception of rising insecurity has plagued Paraguay over the past decade as the country has continued its transition from authoritarian to democratic rule. At the same time, reforms of the penal code and the code of criminal procedure have been implemented, leading many to attribute the rising sense of insecurity to the new, rights-based approach to criminal justice. In Security in Paraguay: Analysis and Responses in Comparative Perspective, the International Human Rights Clinic at Harvard Law School assesses the disparity between the sensation of insecurity and actual levels of urban crime. The book further analyzes the impact of political actors and the media in heightening public fear of crime. Security in Paraguay draws upon comparative case studies and the latest research on criminal justice policy in Latin America to situate Paraguay’s experience in a broader regional context and to offer recommendations to guide future policymaking.
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Sentencing in Time
Linda Ross Meyer
Amherst College Press, 2017
Exactly how is it we think the ends of justice are accomplished by sentencing someone to a term in prison? How do we relate a quantitative measure of time—months and years—to the objectives of deterring crime, punishing wrongdoers, and accomplishing justice for those touched by a criminal act? Linda Ross Meyer investigates these questions, examining the disconnect between our two basic modes of thinking about time—chronologically (seconds, minutes, hours), or phenomenologically (observing, taking note of, or being aware of the passing of time). In Sentencing in Time, Meyer asks whether—in overlooking the irreconcilability of these two modes of thinking about time—we are failing to accomplish the ends we believe the criminal justice system is designed to serve. Drawing on work in philosophy, legal theory, jurisprudence, and the history of penology, Meyer explores how, rather than condemning prisoners to an experience of time bereft of meaning, we might instead make the experience of incarceration constructively meaningful—and thus better aligned with social objectives of deterring crime, reforming offenders, and restoring justice.
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Sentencing without Guidelines
Rhys Hester
Temple University Press, 2024
Sentencing matters. Reform initiatives hope to impart more uniformity and fairness in sentencing. Tough-on-crime laws like “three strikes” and mandatory minimum provisions deprive judges of sentencing discretion. While sentencing guidelines have been adopted by approximately 20 states since the early 1980s, many judges operate without guidelines.

Sentencing without Guidelines is Rhys Hester’s deep dive into how South Carolina, which never passed sentencing guideline legislation, nonetheless created meaningful punishment reform. It achieved uniformity in sentencing with a traveling circuit of judges, informal norms among judges, and the unique phenomenon of the “Plea Judge” to manage cases.

Hester examines how prior convictions, race, and geographical differences impact sentences to explain why individuals get the criminal sentences they do. He also explores how legal reform mechanisms can influence punishment goals and policy. Sentencing without Guidelines shows the benefits and drawbacks South Carolina experienced as it met sentencing reform goals. These lessons can be translated into policy for other jurisdictions.
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Sexual Exploitation of Teenagers
Adolescent Development, Discrimination, and Consent Law
Jennifer Ann Drobac
University of Chicago Press, 2016
When we consider the concept of sexual abuse and harassment, our minds tend to jump either towards adults caught in unhealthy relationships or criminals who take advantage of children. But the millions of maturing teenagers who also deal with sexual harassment can fall between the cracks.
 
When it comes to sexual relationships, adolescents pose a particular problem. Few teenagers possess all of the emotional and intellectual tools needed to navigate these threats, including the all too real advances made by supervisors, teachers, and mentors. In Sexual Exploitation of Teenagers, Jennifer Drobac explores the shockingly common problem of maturing adolescents who are harassed and exploited by adults in their lives. Reviewing the neuroscience and psychosocial evidence of adolescent development, she explains why teens are so vulnerable to adult harassers. Even today, in an age of increasing public awareness, criminal and civil law regarding the sexual abuse of minors remains tragically inept and irregular from state to state. Drobac uses six recent cases of teens suffering sexual harassment to illuminate the flaws and contradictions of this system, skillfully showing how our current laws fail to protect youths, and offering an array of imaginative legal reforms that could achieve increased justice for adolescent victims of sexual coercion. 
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Shadow Lives
The Forgotten Women of the War on Terror
Victoria Brittain
Pluto Press, 2013

Shadow Lives reveals the unseen side of the '9/11 wars': their impact on the wives and families of men incarcerated in Guantanamo, or in prison or under house arrest in Britain and the US. Victoria Brittain shows how these families have been made socially invisible and a convenient scapegoat for the state in order to exercise arbitrary powers under the cover of the 'War on Terror'.

A disturbing exposé of the perilous state of freedom and democracy in our society, the book reveals how a culture of intolerance and cruelty has left individuals at the mercy of the security services’ unverifiable accusations and punitive punishments.

Both a j'accuse and a testament to the strength and humanity of the families, Shadow Lives shows the methods of incarceration and social control being used by the British state and gives a voice to the families whose lives have been turned upside down. In doing so it raises urgent questions about civil liberties which no one can afford to ignore.

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Shadows of Doubt
Stereotypes, Crime, and the Pursuit of Justice
Brendan O'Flaherty and Rajiv Sethi
Harvard University Press, 2019

Shadows of Doubt reveals how deeply stereotypes distort our interactions, shape crime, and deform the criminal justice system.

If you’re a robber, how do you choose your victims? As a police officer, how afraid are you of the young man you’re about to arrest? As a judge, do you think the suspect in front of you will show up in court if released from pretrial detention? As a juror, does the defendant seem guilty to you? Your answers may depend on the stereotypes you hold, and the stereotypes you believe others hold. In this provocative, pioneering book, economists Brendan O’Flaherty and Rajiv Sethi explore how stereotypes can shape the ways crimes unfold and how they contaminate the justice system through far more insidious, pervasive, and surprising paths than we have previously imagined.

Crime and punishment occur under extreme uncertainty. Offenders, victims, police officers, judges, and jurors make high-stakes decisions with limited information, under severe time pressure. With compelling stories and extensive data on how people act as they try to commit, prevent, or punish crimes, O’Flaherty and Sethi reveal the extent to which we rely on stereotypes as shortcuts in our decision making. Sometimes it’s simple: Robbers tend to target those they stereotype as being more compliant. Other interactions display a complex and sometimes tragic interplay of assumptions: “If he thinks I’m dangerous, he might shoot. I’ll shoot first.”

Shadows of Doubt shows how deeply stereotypes are implicated in the most controversial criminal justice issues of our time, and how a clearer understanding of their effects can guide us toward a more just society.

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Shaming the Constitution
The Detrimental Results of Sexual Violent Predator Legislation
Michael L. Perlin
Temple University Press, 2017

Convicted sexually violent predators are more vilified, more subject to media misrepresentation, and more likely to be denied basic human rights than any other population. Shaming the Constitution authors Michael Perlin and Heather Cucolo question the intentions of sex offender laws, offering new approaches to this most complex (and controversial) area of law and social policy.

The authors assert that sex offender laws and policies are unconstitutional and counter-productive. The legislation largely fails to add to public safety—even ruining lives for what are, in some cases, trivial infractions. Shaming the Constitution draws on law, behavioral sciences, and other disciplines to show that many of the “solutions” to penalizing sexually violent predators are “wrong,” as they create the most repressive and useless laws.

In addition to tracing the history of sex offender laws, the authors address the case of Jesse Timmendequas, whose crime begat “Megan’s Law;” the media’s role in creating a “moral panic;” recidivism statistics and treatments, as well as international human rights laws. Ultimately, they call attention to the flaws in the system so we can find solutions that contribute to public safety in ways that do not mock Constitutional principles.

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Speaking of Crime
The Language of Criminal Justice
Lawrence M. Solan, Peter M. Tiersma, and Tammy Gales
University of Chicago Press

An essential introduction to the use and misuse of language within the criminal justice system, updated for a new generation.

Does everyone understand the Miranda warning? Why do people confess to a crime they did not commit? Can linguistic experts identify who wrote an anonymous threatening letter? Since its first publication, Speaking of Crime has been answering these questions. Introducing major topics and controversies at the intersection of language and law, Lawrence M. Solan, Peter M. Tiersma, and Tammy Gales apply multidisciplinary insights to examine the complex role of language within the US justice system.

The second edition features in-depth discussions of recent cases, new legislation, and innovative research advances, and includes a new chapter on who interprets the laws governing linguistic contexts. Thoroughly updated and approachable, Speaking of Crime is a state-of-the-art survey that will be useful to scholars, students, and practitioners throughout the criminal justice system.

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States of Incarceration
Rebellion, Reform, and America’s Punishment System
Jarrod Shanahan and Zhandarka Kurti
Reaktion Books, 2022
A crucial book for our current moment, uncovering the history of mass incarceration in the United States and engaging with the major challenges of contemporary prison and police abolition activism.
 
Inspired by the George Floyd Rebellion, States of Incarceration examines the ongoing reconfiguration of mass incarceration as crucial for understanding how race, class, and punishment shape America today. The rise of mass incarceration has coincided with massive disinvestment in working-class communities, particularly communities of color, and a commitment to criminalize poverty, addiction, and interpersonal violence. As Jarrod Shanahan and Zhandarka Kurti argue, the present is a moment of transition and potential reform of incarceration and, by extension, the American justice system. States of Incarceration provides insights into the rise of mass incarceration and its recent history while focusing on the needs of campaigners struggling with the issues of police and prison abolition, as well as the challenges that lie ahead. It is essential reading for anyone concerned with these questions.
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