The passage of Prop 36 marks a return to harsher punishments for some drug and theft crimes. Advocates worry it will also lead to a surge in prison populations.

"The Evidence of Things Not Seen, award-winning author James Baldwin's searing 1985 indictment of the nation's racial stagnation, is contextualized anew by an introduction from New York Times bestselling author and political leader Stacey Abrams. In this essential work, James Baldwin examines the Atlanta child murders that took place over twenty-two months in 1979 and 1980. Examining this incident with a reporter's skill and an essayist's insight, he notes the significance of Atlanta as the site of these brutal killings-a city that claimed to be "too busy to hate"-and the permeation of race throughout the case: the Black administration in Atlanta; the murdered Black children; and Wayne Williams, the Black man tried for the crimes. In Baldwin's hands, this specific set of events has transcended its era and remains as relevant today as ever. Rummaging through the ruins of American race relations, Baldwin addresses all the hard-to-face issues that have brought us to a moment in history when we are forced to reckon with some of the country's most ingrained, foundational issues and when, too often, public officials fail to ask real questions about "justice for all." In this, his last book, Baldwin also reveals his optimistic faith in America's ability to move toward repair: "This is the only nation in the world that can hope to liberate-to begin to liberate-mankind from the strangling idea of the national identity and the tyranny of the territorial dispute. I know this sounds remote, now, and that I will not live to see anything resembling this hope come to pass. Yet, I know that I have seen it-in fire and blood and anguish, true, but I have seen it. I speak with the authority of the issue of the slave born in the country once believed to be: the last best hope of earth.""--

The Three Death Sentences of Clarence Henderson' is the story of Clarence Henderson, a wrongfully accused Black sharecropper who was sentenced to die three different times for a murder he didn't commit, and the prosecution desperate to pin the crime on him despite scant evidence. His first trial lasted only a day and featured a lackluster public defense. The book also tells the story of Homer Chase, a former World War II paratrooper and New England radical who was sent to the South by the Communist Party to recruit African Americans to the cause while offering them a chance at increased freedom. And it's the story of Thurgood Marshall's NAACP and their battle against not only entrenched racism but a Communist Party -- despite facing nearly as much prejudice as those they were trying to help -- intent on winning the hearts and minds of Black voters. The bitter battle between the two groups played out as the sides sparred over who would take the lead on Henderson's defense, a period in which he spent years in prison away from a daughter he had never seen. Through it all, The Three Death Sentences of Clarence Henderson is a portrait of a community, and a country, at a crossroads, trying to choose between the path it knows is right and the path of least resistance. The case pitted powerful forces -- often those steering legal and journalistic institutions -- attempting to use racism and Red-Scare tactics against a populace that by and large believed the case against Henderson was suspect at best. But ultimately, it's a hopeful story about how even when things look dark, some small measure of justice can be achieved against all the odds, and actual progress is possible. It's the rare book that is a timely read, yet still manages to shed an informative light on America's past and future, as well as its present.

"A groundbreaking expose about the alarming use of rap lyrics as criminal evidence to convict and incarcerate young men of color"--

The condemnation of blackness : race, crime, and the making of modern urban America ; with a new preface-book

You don't have to be racist to be biased. Unconscious bias can be at work without our realizing it, and even when we genuinely wish to treat all people equally, ingrained stereotypes can infect our visual perception, attention, memory, and behavior. This has an impact on education, employment, housing, and criminal justice. In Biased, with a perspective that is at once scientific, investigative, and informed by personal experience, Jennifer Eberhardt offers us insights into the dilemma and a path forward. Eberhardt works extensively as a consultant to law enforcement and as a psychologist at the forefront of this new field. Her research takes place in courtrooms and boardrooms, in prisons, on the street, and in classrooms and coffee shops. She shows us the subtle--and sometimes dramatic--daily repercussions of implicit bias in how teachers grade students, or managers deal with customers. It has an enormous impact on the conduct of criminal justice, from the rapid decisions police officers have to make to sentencing practices in court. Eberhardt's work and her book are both influenced by her own life, and the personal stories she shares emphasize the need for change. She has helped companies that include Airbnb and Nextdoor address bias in their business practices and has led anti-bias initiatives for police departments across the country. Here, she offers practical suggestions for reform and new practices that are useful for organizations as well as individuals. Unblinking about the tragic consequences of prejudice, Eberhardt addresses how racial bias is not the fault of nor restricted to a few "bad apples" but is present at all levels of society in media, education, and business. The good news is that we are not hopelessly doomed by our innate prejudices. In Biased, Eberhardt reminds us that racial bias is a human problem--one all people can play a role in solving.

What began as a neighborhood party during the summer of 1942 led to the largest mass murder trial in California's history. After young Jose Diaz was found murdered near Los Angeles' Sleepy Lagoon reservoir, 600 Mexican Americans were rounded up by the police, 24 were indicted, and 17 were convicted. But thanks to the efforts of crusading lawyers, Hollywood celebrities, and Mexican Americans throughout the nation, all 17 convictions were thrown out in an appellate decision that cited lack of evidence, coerced testimony, deprivation of the right to counsel, and judicial misconduct. Mark Weitz chronicles the Sleepy Lagoon case (People v. Zammora) from the streets of the L.A.'s Mexican-American neighborhoods to the criminal courts, through the appeals process, and to the ultimate release of the convicted. In the process, Weitz opens a window on the uneasy world of Hispanic-Anglo relations, which, exacerbated by an influx of Mexican immigrants, had simmered beneath the surface in California for a century and reached the boiling point by 1942. By demonstrating how an environment of hostility and fear had fostered a breakdown in the legal protections that should have been afforded to the Sleepy Lagoon defendants, Weitz also illuminates a vital episode in the evolution of defendants' rights--including the right to counsel and a fair and impartial trial. As the case unfolded, the prosecution and local media drew ominous comparisons between the supposed dangers posed by the Mexican-American defendants and the threat allegedly posed by thousands of Japanese Americans, whose sympathies had been called into question after Pearl Harbor. Weitz shows how Zammora demonstrates what it is like to literally be tried in the court of public opinion where the "opinion" has been shaped before the trial even begins. Now, as Americans once again feel threatened by outsiders--whether Islamic jihadists or illegal immigrants--Zammora provides a mirror showing us how we acted then compared to how we respond now. While much of what occurred in 1942 L.A. was unique to its time and place, Weitz's compelling narrative shows that many of the social, political, and culture issues that dominated America then are still with us today.

"The Supreme Court's Role in Mass Incarceration illuminates the role of the United States Supreme Court's criminal procedure revolution as a contributing factor to the rise in U.S. incarceration rates. Noting that the increase in mass incarceration began climbing just after the Warren Court years and the rate kept climbing for the next four decades despite the fact that the crime rate declined substantially, the author posits that part of the explanation is the Court's failure to understand that a trial system with robust rights for defendants is not a strong trial system unless it is also reliable and efficient. There have been many explanations offered for the sudden and steep escalation in the U.S. incarceration rate, ranging from the war on drugs to harsh sentencing statutes, and more. This book gives the reader a unique position from which to counter the problem of the high rate of incarceration by showing that when a trial system becomes too complicated and expensive, it no longer serves to protect defendants. For the vast majority of defendants, their constitutional rights are irrelevant as they are forced to accept plea bargains or face the prospect of a comparatively harsh sentences if convicted. This book is essential reading for both graduate and undergraduate students in corrections and criminal justice courses as well as judges, attorneys, and others working in the criminal justice system"--

On September 18, 1928, Myles Yutaka Fukunaga kidnapped and brutally murdered ten-year-old George Gill Jamieson in Waikîkî. Fukunaga, a nineteen-year-old nisei, or second-generation Japanese American, confessed to the crime. Within three weeks, authorities had convicted him and sentenced him to hang, despite questions about Fukunaga's sanity and a deeply flawed defense by his court-appointed attorneys. Jonathan Y. Okamura argues that officials "raced" Fukunaga to death--first viewing the accused only as Japanese despite the law supposedly being colorblind, and then hurrying to satisfy the Haole (white) community's demand for revenge. Okamura sets the case against an analysis of the racial hierarchy that undergirded Hawai'ian society, which was dominated by Haoles who saw themselves most threatened by the islands' sizable Japanese American community. The Fukunaga case and others like it in the 1920s reinforced Haole supremacy and maintained the racial boundary that separated Haoles from non-Haoles, particularly through racial injustice. As Okamura challenges the representation of Hawai i as a racial paradise, he reveals the ways Haoles usurped the criminal justice system and reevaluates the tense history of anti-Japanese racism in Hawai i.

Winner of the 1998 Robert F. Kennedy Book Award Grand Prize "An original, wise and courageous work that moves beyond sterile arguments and lifts the discussion of race and justice to a new and more hopeful level."--Arthur Schlesinger, Jr. In this groundbreaking, powerfully reasoned, lucid work that is certain to provoke controversy, Harvard law professor Randall Kennedy takes on a highly complex issue in a way that no one has before. Kennedy uncovers the long-standing failure of the justice system to protect blacks from criminals, probing allegations that blacks are victimized on a widespread basis by racially discriminatory prosecutions and punishments, but he also engages the debate over the wisdom and legality of using racial criteria in jury selection. He analyzes the responses of the legal system to accusations that appeals to racial prejudice have rendered trials unfair, and examines the idea that, under certain circumstances, members of one race are statistically more likely to be involved in crime than members of another. "An admirable, courageous, and meticulously fair and honest book."--New York Times Book Review "This book should be a standard for all law students."--Boston Globe