New Books: Criminal Law

An ambitious study of our obsession with complicity that shows how we can all become "good accomplices."   Beyond Complicity is a fascinating cultural diagnosis that identifies our obsession with complicity as a symptom of a deeply divided society. The questions surrounding what it means to be legally complicit are the same ones we may ask ourselves as we evaluate our own and others' responsibility for inherited and ongoing harms, such as racism, sexism, and climate change: What does it mean that someone "knew" they were contributing to wrongdoing? How much involvement must a person have in order to be complicit? At what point are we obligated to intervene?   Francine Banner ties together pop culture, politics, law, and social movements to provide a framework for thinking about what we know intuitively: that our society is defined by crisis, risk, and the quest to root out hazards at all costs. Engaging with legal cases, historical examples, and contemporary case studies, Beyond Complicity unfolds the complex role that complicity plays in US law and society today, offering suggestions for how to shift focus away from blame and toward positive, lasting systemic change.

An excellent reference tool, this book explores a range of sentencing-related topics, including the principal purposes of criminal sentences, restorative justice, guilty pleas and plea bargaining, different ways to structure sentencing systems, procedural rights during sentencing proceedings, sentencing evidence, community-based sentences, the death penalty, Eighth Amendment constraints on sentences in noncapital cases, parole release, probation and parole revocation, and enmeshed penalties (often called the "collateral consequences" of a conviction). The latter half of the book contains an illuminating overview of the constitutional rights of incarcerated people, details on litigating their civil-rights suits challenging conditions of confinement and their treatment while incarcerated, and the remedies available to them.

F. Scott Fitzgerald once said: »Show me a hero, and I'll write you a tragedy.« In the 1990s, nobody fell deeper than O.J. Simpson. Once considered a national treasure, the athlete was accused of brutally slaying his ex-wife Nicole Brown and her friend Ronald Goldman on June 12, 1994. Within days, the media and public developed an unprecedented obsession with the story, turning a murder investigation and trial into a sensationalized reality show. Tatjana Neubauer examines the mediatization, deliberate manipulation, and the simplification of popular criminal trials for profit on television. She demonstrates that TV conflated legal proceedings into entertainment programming by commodifying events, people, and places.

The political dynamics that shape the Innocence Movement Since 1989, more than 3000 people are known to have been exonerated after being wrongly convicted in the United States. Each one of these cases represents a gross miscarriage of justice; they are stories of lives upended by a criminal legal system gone awry. Yet, this number just scratches the surface and does not capture the full breadth of wrongful convictions, which may well number in the tens of thousands. The Politics of Innocence explores the political dynamics that have shaped the proliferation of innocence-related policies across the United States and the ways in which wrongful convictions affect public opinion about the criminal legal system. Although some have suggested that this issue transcends ideological divisions, the authors argue that public opinion and the policies that address wrongful convictions are a product of the political landscape. Using original data, the authors show how political ideology influences awareness of the issue, affects support for policy reform, and, in particular electoral contexts, influences state policy adoption. The Politics of Innocence is a moving and data-driven account of wrongful convictions.

The United States is in the midst of a significant re-evaluation of its criminal justice system, with increasing calls for reforming or defunding the police and efforts to curb mass incarceration. But focusing on the public criminal justice system paints an incomplete picture of how we address criminal activity. In Private Criminal Justice, Ric Simmons shows how significant amounts of criminal activity are detected by private police and how many disputes are settled, not in public courts, but through informal agreements between the victim and the accused or through adjudicative procedures run by private institutions. In this timely and eye-opening book, Simmons examines the vast, diverse, and under-appreciated private criminal justice system, suggesting reforms that can make these private responses more fair and revealing lessons the private criminal justice system can teach reformers of the public criminal justice system.

One of the most controversial subjects in criminal law is whether or not we should continue to use capital punishment as the ultimate punitive sanction. The intended focus of The Problem with Capital Punishment and Why It Should Be Abolished in America is to take a harsh, critical look at theories in support of the use of this form of punishment and expose the truth about capital punishment: it is extremely costly; it is arbitrarily applied; there have been too many innocent persons exonerated from death row; and the only consistency with execution seems to be that of the mentally ill, the poor, and those without adequate legal representation and by using methods that are inhumane and "cruel and unusual". This book shows that our current system of capital punishment is fraught with error, insanely expensive, and administered in such a manner that the possibility of executing a completely innocent person is not only possible but likely if we continue upon our present course. After reading this book, the reader will be left with no reasonable doubt that the time has come to abolish capital punishment in America.