The best criminal justice books

Of the many books that explore African-Americans’ experience in the South’s antebellum Criminal Justice System this work stands out.  In this comprehensive study of the criminal justice system of a slave state. Glenn 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.

One thing prisons purposely do not do is teach you anything about the history of prisons. If you want to do that, you’ll have to do it on your own—and Oshinsky is such a great start. His 1996 book details the roots of Parchman prison in Mississippi and draws a line from slavery to convict leasing to modern-day penal farms.

Unlike my other recommendations, this book takes a longer historical view of the prison and also provides a more sociological framework for understanding trends in penal history, focusing on the prison but also its sister punishments like parole and probation. Breaking the Pendulum focuses on the full history of the prison in the United States, from its origins to now. But more importantly, it synthesizes the state-of-the-art knowledge from punishment studies about how to think about and understand punishment: points like recognizing geographical variation rather than focusing on the national picture and recognizing that even periods that seem to be fairly homogenous in their penal policies are actually periods with a lot of hidden debate.

From there, it moves away from the standard narrative of a pendulum swinging between punitive and rehabilitative or liberal and conservative approaches to punishment to a more accurate and mixed picture, and for thinking about… show more.

This book is an excellent companion to Michelle Alexander’s The New Jim Crow: Mass Incarceration in the Age of Colorblindness and adds some important nuance to the story of how the United States came to imprison a higher proportion of its population than any other nation on earth. Forman notes that many African Americans in communities afflicted by rising drug abuse and crime rates in the 1970s were desperate to solve these problems and advocated more law enforcement along with greater investments in schools, jobs, and housing to address the root causes of the crisis. Instead, they got only increasingly draconian laws and punishments, often passed with the support of middle-class Black people seeking to discipline poorer African Americans. Writing from his personal experience as a public defender in addition to historical research, Forman includes dozens of illuminating examples of how race and class interact at every level in the… show more.

A gripping collage of moving stories of the poor, the wrongly convicted, and the marginalized, and Bryan Stevenson’s efforts to fight for their freedom. In this compelling Young Adult edition, Stevenson engages readers with his riveting storytelling. The author, who won relief for dozens of condemned prisoners, makes complicated legal issues understandable for young people. I picked this book because I believe every student should read it to understand the American judicial system. Many will find Bryan Stevenson so inspiring that they want to follow in Stevenson’s footsteps.

Is our criminal justice system too harsh or too lenient on crime? To answer this question, Barry Latzer, retired professor at John Jay, offers both facts and historical perspective in his history of punishment since colonial days. Latzer does not gloss over the historic racism and cruelty of policing in the U.S. but shows that today most people in prison are actually there for committing violent crimes, and that the new technology of “e-carceration” can further reduce prison populations while improving public safety.

The Black Lives Matter protests of 2020 introduced many people to the idea of abolishing police and prisons. Mariame Kaba might be the most thoughtful abolitionist organizer. This book of essays is both daring and humble, forward-thinking, and rooted in the everyday lives of young Black and Brown people.

Using simple language to convey profound ideas, Kaba asks if the massive expenditures of money and violence in our criminal justice system actually bring satisfaction and healing to those who are victims of crime. She insists that abolition is about not just ending a failed institution for public safety but also about experimenting with how to create better ones that are based in community and democracy. It’s a book that teaches you how to hope.

I met Bryan Stevenson through my daughter who took his class on the death penalty at NYU Law School. He has been called America’s Nelson Mandela for his work heading the Equal Justice Initiative. We interviewed him for our film project American Justice on Trial: People v. Newton. He is an inspiring speaker and indefatigable advocate for clients railroaded to death row – as both his book Just Mercy and the movie based on it reveal. Stevenson exhibits a similar passion for justice to that displayed by Movement lawyer Fay Stender, co-counsel with Charles Garry in the defense of Panther leader Huey Newton. Stevenson considers their accomplishments in that potentially explosive case a pivotal point in addressing systemic racism in American jury trials – though much work must still be done.   

Along with Angela Davis, Ruth Wilson Gilmore is one of the major idea shapers and strategists of abolition in the 21st century. The Golden Gulag explains in rich detail why mass incarceration was a product of the crisis of late 20th-century capitalism. She explains why the failures of free-market capitalism, the rise of the power of finance, and the undermining of the welfare state, cast prisons, and jails as the tools to address the resulting structural poverty and racism in the U.S. Unlike the other books I have selected, Gilmore’s book is not an easy read. It should be read in small doses, with lots of notetaking and Google searching while being read. But in the end, the labor and the resulting enlightenment will be worth their weight in gold and then some. 

We’ve all seen those movies about courtroom battles and a determined prosecutor, speaking up for innocent victims. In Nazir Afzal we have the real deal. Coming from a working-class, migrant family, he knows what it’s like for the powerless. As Chief Prosecutor he won milestone cases involving criminals, honour killings, domestic violence, human trafficking, and many others. This engrossing book takes us behind the scenes. Nazir Afzal is recognised as a man who changed British justice for the better.