The Many Layers of Injustice in American Criminal Punishment (w/ Stephen Bright & James Kwak)

Current Affairs

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Today we are joined by Stephen Bright and James Kwak to discuss their new book The Fear of Too Much Justice: Race, Poverty, and the Persistence of Inequality in the Criminal Courts. The book is a comprehensive primer on the problems with the American criminal court system, from the power of prosecutors to the underfunding of public defenders to the biases of judges to the obstacles to getting a wrongful conviction overturned. Bryan Stevenson calls it "an urgently needed analysis of our collective failure to confront and overcome racial bias and bigotry, the abuse of power, and the multiple ways in which the death penalty's profound unfairness requires its abolition."

The authors are leading experts on the system, and Prof. Bright has successfully argued Supreme Court cases challenging racial discrimination in jury selection. (Listeners might remember Prof. Bright from his previous appearance on the program, which specifically focused on the right to counsel.)

“Excessive punishment is one of the most important problems facing our country today, causing misery for people subject to it and their families, wasting vast resources, and making it harder for millions of people to contribute to society...A just criminal legal system is one that considers people charged with crimes as “uniquely individual human beings” subject to “the diverse frailties of humankind,” as demanded by Justice Potter Stewart in the 1976 Supreme Court ruling that rejected laws making the death penalty mandatory. It takes into account the many factors that may make a person more likely to commit a crime—poverty, racism, neglect, abuse, witnessing violence, post-traumatic stress disorder, serious mental disorders, and so on—and the inability of prosecutors, judges, or juries to predict who that person will be in the future. A just system responds to a crime both with sanctions that fairly reflect the moral culpability of the person who committed it and with measures that help him become a positive contributor to his community. In an adversary system, justice demands that people accused of crimes be represented by skilled, zealous lawyers with the time, resources, and information necessary to fairly defend their clients, and that cases be heard by judges motivated solely by upholding the law and achieving a just outcome. And justice demands that both courts and governments actively work to redress the systemic racial discrimination that plagues the criminal legal system.” — Stephen Bright and James Kwak

Nathan mentions Prof. Kwak's excellent book Economism, which debunks the misuses of economic reasoning.