"Robin Bernstein relates a bloody tale of race, murder, and injustice that forces us to rethink the origins and consequences of America's immoral system of prisons for profit. Bernstein brings to life the story of William Freeman, a free Black man who in 1840 was forced into unpaid labor as an inmate of Auburn State Prison in New York. After his release, he murdered four members of a white family, as revenge for the theft of his labor. His trial saw the crystallization of a nefarious ideology-the idea that African Americans are inherently criminal-yet it also shaped Auburn as an important node in the long battle for Black freedom"--

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.

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