Ordinary Injustice

Ordinary Injustice
Author: Amy Bach
Publisher: Macmillan
Total Pages: 328
Release: 2009-09
Genre: Law
ISBN: 9780805074475

From an award-winning lawyer-reporter, a radically new explanation for America’s failing justice system The stories of grave injustice are all too familiar: the lawyer who sleeps through a trial, the false confessions, the convictions of the innocent. Less visible is the chronic injustice meted out daily by a profoundly defective system. In a sweeping investigation that moves from small-town Georgia to upstate New York, from Chicago to Mississippi, Amy Bach reveals a judicial process so deeply compromised that it constitutes a menace to the people it is designed to serve. Here is the public defender who pleads most of his clients guilty; the judge who sets outrageous bail for negligible crimes; the prosecutor who brings almost no cases to trial; the court that works together to achieve a wrong verdict. Going beyond the usual explanations of bad apples and meager funding, Bach identifies an assembly-line approach that rewards shoddiness and sacrifices defendants to keep the court calendar moving, and she exposes the collusion between judge, prosecutor, and defense that puts the interests of the system above the obligation to the people. It is time, Bach argues, to institute a new method of checks and balances that will make injustice visible—the first and necessary step to any reform. Full of gripping human stories, sharp analyses, and a crusader’s sense of urgency, Ordinary Injustice is a major reassessment of the health of the nation’s courtrooms.

Ordinary Injustice

Ordinary Injustice
Author: Alfredo Mirandé
Publisher: University of Arizona Press
Total Pages: 259
Release: 2023
Genre: Social Science
ISBN: 0816551782

Ordinary Injustice shows how the legal and judicial system is stacked against Latinos, documenting the racial inequities in the system from the time of arrest and incarceration to final deposition and post-conviction experiences. The book chronicles the obstacles and injustices faced by a young Latino student with no previous criminal record and how a simple misdemeanor domestic violence case morphed into a very serious case with multiple felonies, and potential life sentence without the possibility of parole.

Ordinary Injustice

Ordinary Injustice
Author: Amy Bach
Publisher: Macmillan + ORM
Total Pages: 321
Release: 2010-08-03
Genre: Law
ISBN: 1429984279

"A groundbreaking book . . . revealing the systemic, everyday problems in our courts that must be addressed if justice is truly to be served."—Doris Kearns Goodwin Attorney and journalist Amy Bach spent eight years investigating the widespread courtroom failures that each day upend lives across America. What she found was an assembly-line approach to justice: a system that rewards mediocre advocacy, bypasses due process, and shortchanges both defendants and victims to keep the court calendar moving. Here is the public defender who pleads most of his clients guilty with scant knowledge about their circumstances; the judge who sets outrageous bail for negligible crimes; the prosecutor who habitually declines to pursue significant cases; the court that works together to achieve a wrongful conviction. Going beyond the usual explanations of bad apples and meager funding, Ordinary Injustice reveals a clubby legal culture of compromise, and shows the tragic consequences that result when communities mistake the rules that lawyers play by for the rule of law. It is time, Bach argues, to institute a new method of checks and balances that will make injustice visible—the first and necessary step to reform.

Gideon's Promise

Gideon's Promise
Author: Jonathan Rapping
Publisher: Beacon Press
Total Pages: 250
Release: 2020-08-18
Genre: Law
ISBN: 0807064629

A blueprint for criminal justice reform that lays the foundation for how model public defense programs should work to end mass incarceration. Combining wisdom drawn from over a dozen years as a public defender and cutting-edge research in the fields of organizational and cultural psychology, Jonathan Rapping proposes a radical cultural shift to a “fiercely client-based ethos” driven by values-based recruitment training, awakening defenders to their role in upholding an unjust status quo, and a renewed pride in the essential role of moral lawyering in a democratic society. Public defenders represent over 80% of those who interact with the court system, a disproportionate number of whom are poor, non-white citizens who rely on them to navigate the law on their behalf. More often than not, even the most well-meaning of those defenders are over-worked, under-funded, and incentivized to put the interests of judges and politicians above those of their clients in a culture that beats the passion out of talented, driven advocates, and has led to an embarrassingly low standard of justice for those who depend on the promises of Gideon v. Wainwright. However, rather than arguing for a change in rules that govern the actions of lawyers, judges, and other advocates, Rapping proposes a radical cultural shift to a “fiercely client-based ethos” driven by values-based recruitment and training, awakening defenders to their role in upholding an unjust status quo, and a renewed pride in the essential role of moral lawyering in a democratic society. Through the story of founding Gideon’s Promise and anecdotes of his time as a defender and teacher, Rapping reanimates the possibility of public defenders serving as a radical bulwark against government oppression and a megaphone to amplify the voices of those they serve.

How Can You Represent Those People?

How Can You Represent Those People?
Author: A. Smith
Publisher: Springer
Total Pages: 325
Release: 2013-08-13
Genre: Social Science
ISBN: 1137311959

How Can You Represent Those People? is the first-ever collection of essays offering a response to the 'Cocktail Party Question' asked of every criminal lawyer. A must-read for anyone interested in race, poverty, crime, punishment, and what makes lawyers tick.

When All Else Fails

When All Else Fails
Author: Jason Brennan
Publisher: Princeton University Press
Total Pages: 286
Release: 2020-12-08
Genre: Philosophy
ISBN: 0691211507

The economist Albert O. Hirschman famously argued that citizens of democracies have only three possible responses to injustice or wrongdoing by their government: we may leave, complain, or comply. But in When All Else Fails, Jason Brennan argues that there is fourth option. When governments violate our rights, we may resist. We may even have a moral duty to do so. For centuries, almost everyone has believed that we must allow the government and its representatives to act without interference, no matter how they behave. We may complain, protest, sue, or vote officials out, but we can't fight back. But Brennan makes the case that we have no duty to allow the state or its agents to commit injustice. We have every right to react with acts of "uncivil disobedience." We may resist arrest for violation of unjust laws. We may disobey orders, sabotage government property, or reveal classified information. We may deceive ignorant, irrational, or malicious voters. We may even use force in self-defense or to defend others. The result is a provocative challenge to long-held beliefs about how citizens may respond when government officials behave unjustly or abuse their power

Injustice: The Social Bases of Obedience and Revolt

Injustice: The Social Bases of Obedience and Revolt
Author: Barrington Moore, Jr
Publisher: Routledge
Total Pages: 559
Release: 2016-07-01
Genre: Political Science
ISBN: 1315496526

First Published in 1978. This is a book about why people so often put up with being the victims of their societies and why at other times they become very angry and try with passion and forcefulness to do something about their situation. I his most ambition book to date, Barrington Moore, Jr explores a large part of the world's experience with injustice and its understanding of it. In search of general elements behind the acceptance of injustice he discusses the Untouchables of India, Nazi concentration camps, and the Milgram experiments on obedience to authority.

Structural Injustice

Structural Injustice
Author: Madison Powers
Publisher: Oxford University Press
Total Pages: 325
Release: 2019-08-26
Genre: Philosophy
ISBN: 0190053992

Madison Powers and Ruth Faden here develop an innovative theory of structural injustice that links human rights norms and fairness norms. Norms of both kinds are grounded in an account of well-being. Their well-being account provides the foundation for human rights, explains the depth of unfairness of systematic patterns of disadvantage, and locates the unfairness of power relations in forms of control some groups have over the well-being of other groups. They explain how human rights violations and structurally unfair patterns of power and advantage are so often interconnected. Unlike theories of structural injustice tailored for largely benign social processes, Powers and Faden's theory addresses typical patterns of structural injustice-those in which the wrongful conduct of identifiable agents creates or sustains mutually reinforcing forms of injustice. These patterns exist both within nation-states and across national boundaries. However, this theory rejects the claim that for a structural theory to be broadly applicable both within and across national boundaries its central claims must be universally endorsable. Instead, Powers and Faden find support for their theory in examples of structural injustice around the world, and in the insights and perspectives of related social movements. Their theory also differs from approaches that make enhanced democratic decision-making or the global extension of republican institutions the centerpiece of proposed remedies. Instead, the theory focuses on justifiable forms of resistance in circumstances in which institutions are unwilling or unable to address pressing problems of injustice. The insights developed in Structural Injustice will interest not only scholars and students in a range of disciplines from political philosophy to feminist theory and environmental justice, but also activists and journalists engaged with issues of social justice.

Privilege and Punishment

Privilege and Punishment
Author: Matthew Clair
Publisher: Princeton University Press
Total Pages: 320
Release: 2022-06-21
Genre: Social Science
ISBN: 069123387X

How the attorney-client relationship favors the privileged in criminal court—and denies justice to the poor and to working-class people of color The number of Americans arrested, brought to court, and incarcerated has skyrocketed in recent decades. Criminal defendants come from all races and economic walks of life, but they experience punishment in vastly different ways. Privilege and Punishment examines how racial and class inequalities are embedded in the attorney-client relationship, providing a devastating portrait of inequality and injustice within and beyond the criminal courts. Matthew Clair conducted extensive fieldwork in the Boston court system, attending criminal hearings and interviewing defendants, lawyers, judges, police officers, and probation officers. In this eye-opening book, he uncovers how privilege and inequality play out in criminal court interactions. When disadvantaged defendants try to learn their legal rights and advocate for themselves, lawyers and judges often silence, coerce, and punish them. Privileged defendants, who are more likely to trust their defense attorneys, delegate authority to their lawyers, defer to judges, and are rewarded for their compliance. Clair shows how attempts to exercise legal rights often backfire on the poor and on working-class people of color, and how effective legal representation alone is no guarantee of justice. Superbly written and powerfully argued, Privilege and Punishment draws needed attention to the injustices that are perpetuated by the attorney-client relationship in today’s criminal courts, and describes the reforms needed to correct them.

Epistemic Injustice

Epistemic Injustice
Author: Miranda Fricker
Publisher: Clarendon Press
Total Pages: 198
Release: 2007-07-05
Genre: Philosophy
ISBN: 0191519308

In this exploration of new territory between ethics and epistemology, Miranda Fricker argues that there is a distinctively epistemic type of injustice, in which someone is wronged specifically in their capacity as a knower. Justice is one of the oldest and most central themes in philosophy, but in order to reveal the ethical dimension of our epistemic practices the focus must shift to injustice. Fricker adjusts the philosophical lens so that we see through to the negative space that is epistemic injustice. The book explores two different types of epistemic injustice, each driven by a form of prejudice, and from this exploration comes a positive account of two corrective ethical-intellectual virtues. The characterization of these phenomena casts light on many issues, such as social power, prejudice, virtue, and the genealogy of knowledge, and it proposes a virtue epistemological account of testimony. In this ground-breaking book, the entanglements of reason and social power are traced in a new way, to reveal the different forms of epistemic injustice and their place in the broad pattern of social injustice.