Poor Justice


Book Description

This book provides a vivid portrait of how the lives of poor people are affected by the judicial system. Drawing from ethnographic observations, court decisions, and other materials, Poor Justice brings readers inside the courts, telling the story through the words and actions of the judges, lawyers, and ordinary people who populate it.




(Dis)entitling the Poor


Book Description

Although focused on the Warren Court, the book explores Western political thought from the seventeenth through late twentieth centuries, draws on American social history from the Age of Jackson through the civil rights era of the 1960s, and utilizes current analytic methods, particularly the "new institutionalism."




Not a Crime to Be Poor


Book Description

Awarded "Special Recognition" by the 2018 Robert F. Kennedy Book & Journalism Awards Finalist for the American Bar Association's 2018 Silver Gavel Book Award Named one of the "10 books to read after you've read Evicted" by the Milwaukee Journal Sentinel "Essential reading for anyone trying to understand the demands of social justice in America."—Bryan Stevenson, author of Just Mercy Winner of a special Robert F. Kennedy Book Award, the book that Evicted author Matthew Desmond calls "a powerful investigation into the ways the United States has addressed poverty . . . lucid and troubling" In one of the richest countries on Earth it has effectively become a crime to be poor. For example, in Ferguson, Missouri, the U.S. Department of Justice didn't just expose racially biased policing; it also exposed exorbitant fines and fees for minor crimes that mainly hit the city's poor, African American population, resulting in jail by the thousands. As Peter Edelman explains in Not a Crime to Be Poor, in fact Ferguson is everywhere: the debtors' prisons of the twenty-first century. The anti-tax revolution that began with the Reagan era led state and local governments, starved for revenues, to squeeze ordinary people, collect fines and fees to the tune of 10 million people who now owe $50 billion. Nor is the criminalization of poverty confined to money. Schoolchildren are sent to court for playground skirmishes that previously sent them to the principal's office. Women are evicted from their homes for calling the police too often to ask for protection from domestic violence. The homeless are arrested for sleeping in the park or urinating in public. A former aide to Robert F. Kennedy and senior official in the Clinton administration, Peter Edelman has devoted his life to understanding the causes of poverty. As Harvard Law professor Randall Kennedy has said, "No one has been more committed to struggles against impoverishment and its cruel consequences than Peter Edelman." And former New York Times columnist Bob Herbert writes, "If there is one essential book on the great tragedy of poverty and inequality in America, this is it."




Supreme Inequality


Book Description

“With Supreme Inequality, Adam Cohen has built, brick by brick, an airtight case against the Supreme Court of the last half-century...Cohen’s book is a closing statement in the case against an institution tasked with protecting the vulnerable, which has emboldened the rich and powerful instead.” —Dahlia Lithwick, senior editor, Slate A revelatory examination of the conservative direction of the Supreme Court over the last fifty years. In Supreme Inequality, bestselling author Adam Cohen surveys the most significant Supreme Court rulings since the Nixon era and exposes how, contrary to what Americans like to believe, the Supreme Court does little to protect the rights of the poor and disadvantaged; in fact, it has not been on their side for fifty years. Cohen proves beyond doubt that the modern Court has been one of the leading forces behind the nation’s soaring level of economic inequality, and that an institution revered as a source of fairness has been systematically making America less fair. A triumph of American legal, political, and social history, Supreme Inequality holds to account the highest court in the land and shows how much damage it has done to America’s ideals of equality, democracy, and justice for all.




Profit and Punishment


Book Description

In Profit and Punishment, a Pulitzer Prize-winning journalist exposes the tragedy of modern-day debtors prisons, and how they destroy the lives of poor Americans swept up in a system designed to penalize the most impoverished. “Intimate, raw, and utterly scathing” — Heather Ann Thompson, Pulitzer Prize-winning author of Blood in the Water “Crucial evidence that the justice system is broken and has to be fixed. Please read this book.” —James Patterson, #1 New York Times bestselling author As a columnist for the St. Louis Post-Dispatch, Tony Messenger has spent years in county and municipal courthouses documenting how poor Americans are convicted of minor crimes and then saddled with exorbitant fines and fees. If they are unable to pay, they are often sent to prison, where they are then charged a pay-to-stay bill, in a cycle that soon creates a mountain of debt that can take years to pay off. These insidious penalties are used to raise money for broken local and state budgets, often overseen by for-profit companies, and it is one of the central issues of the criminal justice reform movement. In the tradition of Evicted and The New Jim Crow, Messenger has written a call to arms, shining a light on a two-tiered system invisible to most Americans. He introduces readers to three single mothers caught up in this system: living in poverty in Missouri, Oklahoma, and South Carolina, whose lives are upended when minor offenses become monumental financial and personal catastrophes. As these women struggle to clear their debt and move on with their lives, readers meet the dogged civil rights advocates and lawmakers fighting by their side to create a more equitable and fair court of justice. In this remarkable feat of reporting, Tony Messenger exposes injustice that is agonizing and infuriating in its mundane cruelty, as he champions the rights and dignity of some of the most vulnerable Americans.




Chasing Gideon


Book Description

On March 18, 1963, in one of its most significant legal decisions, the U.S. Supreme Court unanimously ruled in Gideon v. Wainwright that all defendants facing significant jail time have the constitutional right to a free attorney if they cannot afford their own. Fifty years later, 80 percent of criminal defendants are served by public defenders. In a book that combines the sweep of history with the intimate details of individual lives and legal cases, veteran reporter Karen Houppert movingly chronicles the stories of people in all parts of the country who have relied on Gideon’s promise. There is the harrowing saga of a young man who is charged with involuntary vehicular homicide in Washington State, where overextended public defenders juggle impossible caseloads, forcing his defender to go to court to protect her own right to provide an adequate defense. In Florida, Houppert describes a public defender’s office, loaded with upward of seven hundred cases per attorney, and discovers the degree to which Clarence Earl Gideon’s promise is still unrealized. In New Orleans, she follows the case of a man imprisoned for twenty-seven years for a crime he didn’t commit, finding a public defense system already near collapse before Katrina and chronicling the harrowing months after the storm, during which overworked volunteers and students struggled to get the system working again. In Georgia, Houppert finds a mentally disabled man who is to be executed for murder, despite the best efforts of a dedicated but severely overworked and underfunded capital defender. Half a century after Anthony Lewis’s award-winning Gideon’s Trumpet brought us the story of the court case that changed the American justice system, Chasing Gideon is a crucial book that provides essential reckoning of our attempts to implement this fundamental constitutional right.




The Poor in Court


Book Description

Focusing on the Supreme Court as an integral part of the policy-making process, Susan Lawrence examines how a change in who has access to the Court, and the nature of the institutions that structure that access, has affected its agenda setting and doctrinal development. In her analysis of cases sponsored by the Legal Services Program (LSP) before the Supreme Court during the 1966 through 1974 terms, she explores the effect of this agency in creating a voice for the poor in the judicial policy-making process. The Court's response to cases presented by the LSP--as exemplified in its decisions to invalidate residency requirements for welfare recipients (Shapiro v. Thompson, 1969) but uphold maximum family grants (Dandridge v. Williams, 1970)--is described as emerging from a timely combination of new litigant claims, available legal bases, and judicial values and role conceptions, all of which were shaped by the political climate of the era. Lawrence convincingly argues that litigation before the Court is a powerful method of political participation for the disadvantaged. Originally published in 1990. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.




Rich Get Richer and the Poor Get Prison, The (Subscription)


Book Description

Illustrates the issue of economic inequality within the American justice system. The best-selling text, The Rich Get Richer and the Poor Get Prison contends that the criminal justice system is biased against the poor from start to finish. The authors argue that even before the process of arrest, trial, and sentencing, the system is biased against the poor in what it chooses to treat as crime. The authors show that numerous acts of the well-off--such as their refusal to make workplaces safe, refusal to curtail deadly pollution, promotion of unnecessary surgery, and prescriptions for unnecessary drugs--cause as much harm as the acts of the poor that are treated as crimes. However, the dangerous acts of the well-off are almost never treated as crimes, and when they are, they are almost never treated as severely as the crimes of the poor. Not only does the criminal justice system fail to protect against the harmful acts of well-off people, it also fails to remedy the causes of crime, such as poverty. This results in a large population of poor criminals in our prisons and in our media. The authors contend that the idea of crime as a work of the poor serves the interests of the rich and powerful while conveying a misleading notion that the real threat to Americans comes from the bottom of society rather than the top. Learning Goals Upon completing this book, readers will be able to: Examine the criminal justice system through the lens of the poor. Understand that much of what goes on in the criminal justice system violates one’s own sense of fairness. Morally evaluate the criminal justice system’s failures. Identify the type of legislature that is biased against the poor.




A Pound of Flesh


Book Description

Over seven million Americans are either incarcerated, on probation, or on parole, with their criminal records often following them for life and affecting access to higher education, jobs, and housing. Court-ordered monetary sanctions that compel criminal defendants to pay fines, fees, surcharges, and restitution further inhibit their ability to reenter society. In A Pound of Flesh, sociologist Alexes Harris analyzes the rise of monetary sanctions in the criminal justice system and shows how they permanently penalize and marginalize the poor. She exposes the damaging effects of a little-understood component of criminal sentencing and shows how it further perpetuates racial and economic inequality. Harris draws from extensive sentencing data, legal documents, observations of court hearings, and interviews with defendants, judges, prosecutors, and other court officials. She documents how low-income defendants are affected by monetary sanctions, which include fees for public defenders and a variety of processing charges. Until these debts are paid in full, individuals remain under judicial supervision, subject to court summons, warrants, and jail stays. As a result of interest and surcharges that accumulate on unpaid financial penalties, these monetary sanctions often become insurmountable legal debts which many offenders carry for the remainder of their lives. Harris finds that such fiscal sentences, which are imposed disproportionately on low-income minorities, help create a permanent economic underclass and deepen social stratification. A Pound of Flesh delves into the court practices of five counties in Washington State to illustrate the ways in which subjective sentencing shapes the practice of monetary sanctions. Judges and court clerks hold a considerable degree of discretion in the sentencing and monitoring of monetary sanctions and rely on individual values—such as personal responsibility, meritocracy, and paternalism—to determine how much and when offenders should pay. Harris shows that monetary sanctions are imposed at different rates across jurisdictions, with little or no state government oversight. Local officials’ reliance on their own values and beliefs can also push offenders further into debt—for example, when judges charge defendants who lack the means to pay their fines with contempt of court and penalize them with additional fines or jail time. A Pound of Flesh provides a timely examination of how monetary sanctions permanently bind poor offenders to the judicial system. Harris concludes that in letting monetary sanctions go unchecked, we have created a two-tiered legal system that imposes additional burdens on already-marginalized groups.




Poor Joshua


Book Description

In DeShaney v. Winnebago County Department of Social Services, a bitterly divided Supreme Court rejected a claim brought on behalf of five-year old Joshua DeShaney, left permanently disabled after sustained abuse, despite regular home visits by social workers charged with monitoring his welfare. In its decision the court asserted that the state has no duty to shield citizens from private violence, even those involved in their lives and knowing of their distress. Poor Joshua tracks the story from its origins in small town Wisconsin to the Supreme Court and chronicles the tragic consequences of the majority decision. John R. Howard shows how that decision became the rock on which later child abuse cases foundered, and how it echoes today in every newspaper story about society's failure to protect children. The continuing vitality of DeShaney, he argues, derives from a persistent sense that the decision is legally incorrect and profoundly at odds with the underlying values of the Constitution. The case is also about different visions of our social order and the relationship between "law" and "justice." Howard summarizes the substantial law review literature critical of the DeShaney decision and erects the scaffolding for a counterargument bringing law into a closer alignment with justice.