Every day, in courtrooms around the United States, thousands of criminal defendants are represented by public defenders--lawyers provided by the government for those who cannot afford private counsel. Though often taken for granted, the modern American public defender has a surprisingly contentious history--one that offers insights not only about the "carceral state," but also about the contours and compromises of twentieth-century liberalism. First gaining appeal amidst the Progressive Era fervor for court reform, the public defender idea was swiftly quashed by elite corporate lawyers who believed the legal profession should remain independent from the state. Public defenders took hold in some localities but not yet as a nationwide standard. By the 1960s, views had shifted. Gideon v. Wainwright enshrined the right to counsel into law and the legal profession mobilized to expand the ranks of public defenders nationwide. Yet within a few years, lawyers had already diagnosed a "crisis" of underfunded, overworked defenders providing inadequate representation--a crisis that persists today. This book shows how these conditions, often attributed to recent fiscal emergencies, have deep roots, and it chronicles the intertwined histories of constitutional doctrine, big philanthropy, professional in-fighting, and Cold War culture that made public defenders ubiquitous but embattled figures in American courtrooms.

Radical ideas for changing the justice system, rooted in the real-life experiences of those in overpoliced communities, from the acclaimed former federal prosecutor and author of Chokehold Paul Butler was an ambitious federal prosecutor, a Harvard Law grad who gave up his corporate law salary to fight the good fight—until one day he was arrested on the street and charged with a crime he didn't commit. In a book Harvard Law professor Charles Ogletree calls “a must-read,” Butler looks at places where ordinary citizens meet the justice system—as jurors, witnesses, and in encounters with the police—and explores what “doing the right thing” means in a corrupt system. No matter how powerless those caught up in the web of the law may feel, there is a chance to regain agency, argues Butler. Through groundbreaking and sometimes controversial methods—jury nullification (voting “not guilty” in drug cases as a form of protest), just saying “no” when the police request your permission to search, and refusing to work inside the system as a snitch or a prosecutor—ordinary people can tip the system towards actual justice. Let’s Get Free is an evocative, compelling look at the steps we can collectively take to reform our broken system.

New York Times Bestseller “Organizing is both science and art. It is thinking through a vision, a strategy, and then figuring out who your targets are, always being concerned about power, always being concerned about how you’re going to actually build power in order to be able to push your issues, in order to be able to get the target to actually move in the way that you want to.” What if social transformation and liberation isn’t about waiting for someone else to come along and save us? What if ordinary people have the power to collectively free ourselves? In this timely collection of essays and interviews, Mariame Kaba reflects on the deep work of abolition and transformative political struggle. With a foreword by Naomi Murakawa and chapters on seeking justice beyond the punishment system, transforming how we deal with harm and accountability, and finding hope in collective struggle for abolition, Kaba’s work is deeply rooted in the relentless belief that we can fundamentally change the world. As Kaba writes, “Nothing that we do that is worthwhile is done alone.”

Free Market Criminal Justice explains how faith in democratic politics and free markets has undermined the rule of law in US criminal process. It argues that, to strengthen the rule of law, US criminal justice needs less democracy, fewer market mechanisms, and more law.

A Washington Post bestseller! A chilling and compassionate look at how close an innocent man was to being put death with a foreword by Sister Helen Prejean, author of Dead Man Walking. What is worse than having a client on Death Row in Texas? Having a client on Death Row in Texas who is innocent and not knowing if you will be able to stop his execution in time. Grace and Justice on Death Row: A Race Against Time to Free an Innocent Man tells the story of Alfred Dewayne Brown, a man who spent over twelve years in prison (ten of them on Texas’ infamous Death Row) for a high-profile crime he did not commit, and his lawyer, Brian Stolarz, who dedicated his career and life to secure his freedom. The book chronicles Brown’s extraordinary journey to freedom against very long odds, overcoming unscrupulous prosecutors, corrupt police, inadequate defense counsel, and a broken criminal justice system. The book examines how a lawyer-client relationship turned into one of brotherhood. Grace And Justice On Death Row also addresses many issues facing the criminal justice system and the death penalty – race, class, adequate defense counsel, and intellectual disability, and proposes reforms. Told from Stolarz’s perspective, this raw, fast-paced look into what it took to save one man’s life will leave you questioning the criminal justice system in this country. It is a story of injustice and redemption that must be told.

Criminal Injustice: Slaves and Free Blacks in Georgia’s Criminal Justice System is the most comprehensive study of the criminal justice system of a slave state to date. McNair traces the evolution of Georgia’s legal culture by examining its use of slave codes and slave patrols, as well as presenting data on crimes prosecuted, trial procedures and practices, conviction rates, the appellate process, and punishment. Based on more than four hundred capital cases, McNair’s study deploys both narrative and quantitative analysis to get at both the theory and the reality of the criminal procedure for slaves in the century leading up to the Civil War. He shows how whites moved from the utopian innocence of the colony’s original Trustees, who envisioned a society free of slavery and the depravity it inculcated in masters, to one where slaveholders became the enforcers of laws and informal rules, the severity of which was limited only by the increasing economic value of their slaves as property. The slaves themselves, regarded under the law both as moveable property and--for the purposes of punishment--as moral agents, had, inevitably, a radically different view of Georgia’s slave criminal justice system. Although the rules and procedures were largely the same for both races, the state charged and convicted blacks more frequently and punished them more severely than whites for the same crimes. Courts were also more punitive in their judgment and punishment of black defendants when their victims were white, a pattern of disparate treatment based on race that persists to this day. Informal systems of control in urban households and on rural plantations and farms complemented the formal system and enhanced the power of slaveowners. Criminal Injustice shows how the prerogatives of slavery and white racial domination trumped any hope for legal justice for blacks.

A renowned Harvard professor's brilliant, sweeping, inspiring account of the role of justice in our society--and of the moral dilemmas we face as citizens What are our obligations to others as people in a free society? Should government tax the rich to help the poor? Is the free market fair? Is it sometimes wrong to tell the truth? Is killing sometimes morally required? Is it possible, or desirable, to legislate morality? Do individual rights and the common good conflict? Michael J. Sandel's "Justice" course is one of the most popular and influential at Harvard. Up to a thousand students pack the campus theater to hear Sandel relate the big questions of political philosophy to the most vexing issues of the day, and this fall, public television will air a series based on the course. Justice offers readers the same exhilarating journey that captivates Harvard students. This book is a searching, lyrical exploration of the meaning of justice, one that invites readers of all political persuasions to consider familiar controversies in fresh and illuminating ways. Affirmative action, same-sex marriage, physician-assisted suicide, abortion, national service, patriotism and dissent, the moral limits of markets—Sandel dramatizes the challenge of thinking through these con?icts, and shows how a surer grasp of philosophy can help us make sense of politics, morality, and our own convictions as well. Justice is lively, thought-provoking, and wise—an essential new addition to the small shelf of books that speak convincingly to the hard questions of our civic life.