An engaging and timely essay collection on the challenges, risks, and opportunities of this historic moment in American law and governance. 1,000-word essays from the country’s leading legal scholars and experts.It is the 250th anniversary of the Declaration of Independence, and the U.S. is grappling with foundational challenges to its laws, institutions of governance, and civic culture. Longstanding values of pluralism are being challenged. The nation is beset by deep political polarization, a fear that the economic order is no longer providing opportunities for all, and a technology revolution that may unsettle what it means to be uniquely human. America Unfinished brings together more than 50 legal scholars on the Harvard Law School faculty to analyze this historic moment in American law and governance.Edited by Alexandra Natapoff and Guy-Uriel Charles, the book coheres around the dramatic experiment in American legal governance that began in 1776, still highly contested after 250 years. Some essays explore the modern expansion of executive power, including its recent and dramatic willingness to use violence, both domestically and internationally. Other essays examine longstanding divides between workers, consumers, and markets, and the hard questions they raise about democratic accountability in our market-driven economy. And finally, some contributors address the future of our knowledge and governance institutions under pressure from the disruptions caused by technological and informational revolution.Dynamic and engaging, the collection does nothing less than advance the core conversations necessary for a thriving polity, both at this historic moment and for decades to come.Contributors: Bill Alford, Sabrineh Ardalan, Yochai Benkler, Sharon Block, Nikolas Bowie, Maureen Brady, Scott Brewer, Stephen Breyer, Emily Broad Leib, Tomiko Brown-Nagin, Guy-Uriel E. Charles, John Coates, I. Glenn Cohen, Andrew Manuel Crespo, Christine Desan, Kristen E. Eichensehr, Benjamin Eidelson, Jared Ellias, Susan H. Farbstein, Noah Feldman, Jody Freeman, D. James Greiner, John Goldberg, Annette Gordon-Reed, Sheila Heen, Howell Jackson, Elizabeth Papp Kamali, Randall Kennedy, Michael Klarman, Adriaan Lanni, Eloise Lawrence, Richard Lazarus, Jill Lepore, Lawrence Lessig, Kenneth W. Mack, Bruce H. Mann, Martha Minow, Daniel Nagin, Alexandra Natapoff, Charles Nesson, Gerald L. Neuman, Ruth L. Okediji, Mariana Pargendler, Intisar A. Rabb, Richard M. Re, Daphna Renan, Mark J. Roe, Benjamin Sachs, Stephen E. Sachs, Larry Schwartztol, Joseph William Singer, Carol Steiker, Nicholas Stephanopoulos, Kristen A. Stilt, Ronald Sullivan, Cass R. Sunstein, Philip Torrey, Rebecca Tushnet, Dehlia Umunna, Rachel A. Viscomi, Laura Weinrib, Alex Whiting, David Wilkins, and Jonathan Zittrain.

Punishment Without Crime provides a sweeping and revelatory new account of America's broken criminal justice system from the perspective of the paradigmatic American crime-the lowly misdemeanor. While felony trials grab headlines, the petty offense system is far more representative of criminal justice as most Americans actually encounter it. Petty offenses make up 80 percent of state and local criminal dockets; over 13 million misdemeanor cases are filed every year, four times the number of felony cases. Misdemeanors are one of the largest and most unappreciated causes of our criminal system's size and its harshness-and a crucial source of American inequality.Misdemeanor cases are by definition "minor," but their impact is not. Each year, the petty offense process sweeps millions of people from arrest to a guilty plea or conviction. In effect, police get to decide who will be convicted of minor crimes, simply by arresting them for offenses like driving on a suspended licenses, marijuana possession, disorderly conduct, and loitering. In thousands of low-level courts around the country, prosecutors do little vetting, most defendants lack lawyers, legal rules and evidence are often ignored, and judges process cases in minutes or even seconds. The consequences are serious and lasting: stigmatizing criminal records, burdensome fines, jail for those who can't afford to pay bail or fees, and collateral effects including loss of jobs, housing, and benefits. Punishment Without Crime offers an urgent new explanation for America's racial and economic inequalities, showing starkly how misdemeanor arrests and prosecutions brand vast numbers of disadvantaged Americans as criminals and punish them accordingly. For the first time, prize-winning legal scholar Alexandra Natapoff illuminates the full scale, scope, and workings of the misdemeanor process, drawing on never-before-compiled data as well as revealing narrative examples. The misdemeanor system, she reveals, targets and stigmatizes racial minorities as "criminals," exacerbates economic inequality by funding its own operation through fines and fees, and produces wrongful convictions on a massive scale. For too long, misdemeanors have been ignored as petty. Reckoning with the misdemeanor machine is crucial to understanding America's punitive and unfair criminal justice system and our widening economic and racial divides.

2010 Honorable Mention, Silver Gavel Award, American Bar AssociationUncovers the powerful and problematic practice of snitching to reveal disturbing truths about how American justice worksAlbert Burrell spent thirteen years on death row for a murder he did not commit. Atlanta police killed 92-year-old Kathryn Johnston during a misguided raid on her home. After being released by Chicago prosecutors, Darryl Moore—drug dealer, hit man, and rapist—returned home to rape an eleven-year-old girl.Such tragedies are consequences of snitching—police and prosecutors offering deals to criminal offenders in exchange for information. Although it is nearly invisible to the public, criminal snitching has invaded the American legal system in risky and sometimes shocking ways. Snitching is the first comprehensive analysis of this powerful and problematic practice, in which informant deals generate unreliable evidence, allow criminals to escape punishment, endanger the innocent, compromise the integrity of police work, and exacerbate tension between police and poor urban residents. Driven by dozens of real-life stories and debacles, the book exposes the social destruction that snitching can cause in high-crime African American neighborhoods, and how using criminal informants renders our entire penal process more secretive and less fair. Natapoff also uncovers the far-reaching legal, political, and cultural significance of snitching: from the war on drugs to hip hop music, from the FBI's mishandling of its murderous mafia informants to the new surge in white collar and terrorism informing. She explains how existing law functions and proposes new reforms. By delving into the secretive world of criminal informants, Snitching reveals deep and often disturbing truths about the way American justice really works.

Reveals the secretive, inaccurate, and often violent ways that the American criminal system really worksCurtis Flowers spent twenty-three years on death row for a murder he did not commit. Atlanta police killed 92-year-old Kathryn Johnston during a misguided raid on her home. Rachel Hoffman was murdered at age twenty-three while working for Florida police. Such tragedies are consequences of snitching. Although it is nearly invisible to the public, the massive informant market shapes the American legal system in risky and sometimes shocking ways. Police rely on criminal suspects to obtain warrants, to perform surveillance, and to justify arrests. Prosecutors negotiate with defendants for information and cooperation, offering to drop charges or lighten sentences in exchange. In this book, Alexandra Natapoff provides a comprehensive analysis of this powerful and problematic practice. She shows how informant deals generate unreliable evidence, allow serious criminals to escape punishment, endanger the innocent, and exacerbate distrust between police and poor communities of color. First published over ten years ago, Snitching has become known as the "informant bible," a leading text for advocates, attorneys, journalists, and scholars. This influential book has helped free the innocent, it has fueled reform at the state and federal level, and it is frequently featured in high-profile media coverage of snitching debacles. This updated edition contains a decade worth of new stories, new data, new legislation and legal developments, much of it generated by the book itself and by Natapoff's own work. In clear, accessible language, the book exposes the social destruction that snitching can cause in heavily-policed Black neighborhoods, and how using criminal informants renders our entire penal process more secretive and less fair. By delving into the secretive world of criminal informants, Snitching reveals deep and often disturbing truths about the way American justice really works.

Reveals the secretive, inaccurate, and often violent ways that the American criminal system really worksCurtis Flowers spent twenty-three years on death row for a murder he did not commit. Atlanta police killed 92-year-old Kathryn Johnston during a misguided raid on her home. Rachel Hoffman was murdered at age twenty-three while working for Florida police. Such tragedies are consequences of snitching. Although it is nearly invisible to the public, the massive informant market shapes the American legal system in risky and sometimes shocking ways. Police rely on criminal suspects to obtain warrants, to perform surveillance, and to justify arrests. Prosecutors negotiate with defendants for information and cooperation, offering to drop charges or lighten sentences in exchange. In this book, Alexandra Natapoff provides a comprehensive analysis of this powerful and problematic practice. She shows how informant deals generate unreliable evidence, allow serious criminals to escape punishment, endanger the innocent, and exacerbate distrust between police and poor communities of color. First published over ten years ago, Snitching has become known as the "informant bible," a leading text for advocates, attorneys, journalists, and scholars. This influential book has helped free the innocent, it has fueled reform at the state and federal level, and it is frequently featured in high-profile media coverage of snitching debacles. This updated edition contains a decade worth of new stories, new data, new legislation and legal developments, much of it generated by the book itself and by Natapoff's own work. In clear, accessible language, the book exposes the social destruction that snitching can cause in heavily-policed Black neighborhoods, and how using criminal informants renders our entire penal process more secretive and less fair. By delving into the secretive world of criminal informants, Snitching reveals deep and often disturbing truths about the way American justice really works.

A vital collection for reforming criminal justice After five decades of punitive expansion, the entire U.S. criminal justice system— mass incarceration, the War on Drugs, police practices, the treatment of juveniles and the mentally ill, glaring racial disparity, the death penalty and more — faces challenging questions. What exactly is criminal justice? How much of it is a system of law and how much is a collection of situational social practices? What roles do the Constitution and the Supreme Court play? How do race and gender shape outcomes? How does change happen, and what changes or adaptations should be pursued? The New Criminal Justice Thinking addresses the challenges of this historic moment by asking essential theoretical and practical questions about how the criminal system operates. In this thorough and thoughtful volume, scholars from across the disciplines of legal theory, sociology, criminology, Critical Race Theory, and organizational theory offer crucial insights into how the criminal system works in both theory and practice. By engaging both classic issues and new understandings, this volume offers a comprehensive framework for thinking about the modern justice system. For those interested in criminal law and justice, The New Criminal Justice Thinking offers a profound discussion of the complexities of our deeply flawed criminal justice system, complexities that neither legal theory nor social science can answer alone.

A vital collection for reforming criminal justice After five decades of punitive expansion, the entire U.S. criminal justice system— mass incarceration, the War on Drugs, police practices, the treatment of juveniles and the mentally ill, glaring racial disparity, the death penalty and more — faces challenging questions. What exactly is criminal justice? How much of it is a system of law and how much is a collection of situational social practices? What roles do the Constitution and the Supreme Court play? How do race and gender shape outcomes? How does change happen, and what changes or adaptations should be pursued? The New Criminal Justice Thinking addresses the challenges of this historic moment by asking essential theoretical and practical questions about how the criminal system operates. In this thorough and thoughtful volume, scholars from across the disciplines of legal theory, sociology, criminology, Critical Race Theory, and organizational theory offer crucial insights into how the criminal system works in both theory and practice. By engaging both classic issues and new understandings, this volume offers a comprehensive framework for thinking about the modern justice system. For those interested in criminal law and justice, The New Criminal Justice Thinking offers a profound discussion of the complexities of our deeply flawed criminal justice system, complexities that neither legal theory nor social science can answer alone.

An engaging and timely essay collection on the challenges, risks, and opportunities of this historic moment in American law and governance. 1,000-word essays from the country’s leading legal scholars and experts.It is the 250th anniversary of the Declaration of Independence, and the U.S. is grappling with foundational challenges to its laws, institutions of governance, and civic culture. Longstanding values of pluralism are being challenged. The nation is beset by deep political polarization, a fear that the economic order is no longer providing opportunities for all, and a technology revolution that may unsettle what it means to be uniquely human. America Unfinished brings together more than 50 legal scholars on the Harvard Law School faculty to analyze this historic moment in American law and governance.Edited by Alexandra Natapoff and Guy-Uriel Charles, the book coheres around the dramatic experiment in American legal governance that began in 1776, still highly contested after 250 years. Some essays explore the modern expansion of executive power, including its recent and dramatic willingness to use violence, both domestically and internationally. Other essays examine longstanding divides between workers, consumers, and markets, and the hard questions they raise about democratic accountability in our market-driven economy. And finally, some contributors address the future of our knowledge and governance institutions under pressure from the disruptions caused by technological and informational revolution.Dynamic and engaging, the collection does nothing less than advance the core conversations necessary for a thriving polity, both at this historic moment and for decades to come.Contributors: Bill Alford, Sabrineh Ardalan, Yochai Benkler, Sharon Block, Nikolas Bowie, Maureen Brady, Scott Brewer, Stephen Breyer, Emily Broad Leib, Tomiko Brown-Nagin, Guy-Uriel E. Charles, John Coates, I. Glenn Cohen, Andrew Manuel Crespo, Christine Desan, Kristen E. Eichensehr, Benjamin Eidelson, Jared Ellias, Susan H. Farbstein, Noah Feldman, Jody Freeman, D. James Greiner, John Goldberg, Annette Gordon-Reed, Sheila Heen, Howell Jackson, Elizabeth Papp Kamali, Randall Kennedy, Michael Klarman, Adriaan Lanni, Eloise Lawrence, Richard Lazarus, Jill Lepore, Lawrence Lessig, Kenneth W. Mack, Bruce H. Mann, Martha Minow, Daniel Nagin, Alexandra Natapoff, Charles Nesson, Gerald L. Neuman, Ruth L. Okediji, Mariana Pargendler, Intisar A. Rabb, Richard M. Re, Daphna Renan, Mark J. Roe, Benjamin Sachs, Stephen E. Sachs, Larry Schwartztol, Joseph William Singer, Carol Steiker, Nicholas Stephanopoulos, Kristen A. Stilt, Ronald Sullivan, Cass R. Sunstein, Philip Torrey, Rebecca Tushnet, Dehlia Umunna, Rachel A. Viscomi, Laura Weinrib, Alex Whiting, David Wilkins, and Jonathan Zittrain.

Punishment Without Crime provides a sweeping and revelatory new account of America's broken criminal justice system from the perspective of the paradigmatic American crime-the lowly misdemeanor. While felony trials grab headlines, the petty offense system is far more representative of criminal justice as most Americans actually encounter it. Petty offenses make up 80 percent of state and local criminal dockets; over 13 million misdemeanor cases are filed every year, four times the number of felony cases. Misdemeanors are one of the largest and most unappreciated causes of our criminal system's size and its harshness-and a crucial source of American inequality.Misdemeanor cases are by definition "minor," but their impact is not. Each year, the petty offense process sweeps millions of people from arrest to a guilty plea or conviction. In effect, police get to decide who will be convicted of minor crimes, simply by arresting them for offenses like driving on a suspended licenses, marijuana possession, disorderly conduct, and loitering. In thousands of low-level courts around the country, prosecutors do little vetting, most defendants lack lawyers, legal rules and evidence are often ignored, and judges process cases in minutes or even seconds. The consequences are serious and lasting: stigmatizing criminal records, burdensome fines, jail for those who can't afford to pay bail or fees, and collateral effects including loss of jobs, housing, and benefits. Punishment Without Crime offers an urgent new explanation for America's racial and economic inequalities, showing starkly how misdemeanor arrests and prosecutions brand vast numbers of disadvantaged Americans as criminals and punish them accordingly. For the first time, prize-winning legal scholar Alexandra Natapoff illuminates the full scale, scope, and workings of the misdemeanor process, drawing on never-before-compiled data as well as revealing narrative examples. The misdemeanor system, she reveals, targets and stigmatizes racial minorities as "criminals," exacerbates economic inequality by funding its own operation through fines and fees, and produces wrongful convictions on a massive scale. For too long, misdemeanors have been ignored as petty. Reckoning with the misdemeanor machine is crucial to understanding America's punitive and unfair criminal justice system and our widening economic and racial divides.

2010 Honorable Mention, Silver Gavel Award, American Bar AssociationUncovers the powerful and problematic practice of snitching to reveal disturbing truths about how American justice worksAlbert Burrell spent thirteen years on death row for a murder he did not commit. Atlanta police killed 92-year-old Kathryn Johnston during a misguided raid on her home. After being released by Chicago prosecutors, Darryl Moore—drug dealer, hit man, and rapist—returned home to rape an eleven-year-old girl.Such tragedies are consequences of snitching—police and prosecutors offering deals to criminal offenders in exchange for information. Although it is nearly invisible to the public, criminal snitching has invaded the American legal system in risky and sometimes shocking ways. Snitching is the first comprehensive analysis of this powerful and problematic practice, in which informant deals generate unreliable evidence, allow criminals to escape punishment, endanger the innocent, compromise the integrity of police work, and exacerbate tension between police and poor urban residents. Driven by dozens of real-life stories and debacles, the book exposes the social destruction that snitching can cause in high-crime African American neighborhoods, and how using criminal informants renders our entire penal process more secretive and less fair. Natapoff also uncovers the far-reaching legal, political, and cultural significance of snitching: from the war on drugs to hip hop music, from the FBI's mishandling of its murderous mafia informants to the new surge in white collar and terrorism informing. She explains how existing law functions and proposes new reforms. By delving into the secretive world of criminal informants, Snitching reveals deep and often disturbing truths about the way American justice really works.

Reveals the secretive, inaccurate, and often violent ways that the American criminal system really worksCurtis Flowers spent twenty-three years on death row for a murder he did not commit. Atlanta police killed 92-year-old Kathryn Johnston during a misguided raid on her home. Rachel Hoffman was murdered at age twenty-three while working for Florida police. Such tragedies are consequences of snitching. Although it is nearly invisible to the public, the massive informant market shapes the American legal system in risky and sometimes shocking ways. Police rely on criminal suspects to obtain warrants, to perform surveillance, and to justify arrests. Prosecutors negotiate with defendants for information and cooperation, offering to drop charges or lighten sentences in exchange. In this book, Alexandra Natapoff provides a comprehensive analysis of this powerful and problematic practice. She shows how informant deals generate unreliable evidence, allow serious criminals to escape punishment, endanger the innocent, and exacerbate distrust between police and poor communities of color. First published over ten years ago, Snitching has become known as the "informant bible," a leading text for advocates, attorneys, journalists, and scholars. This influential book has helped free the innocent, it has fueled reform at the state and federal level, and it is frequently featured in high-profile media coverage of snitching debacles. This updated edition contains a decade worth of new stories, new data, new legislation and legal developments, much of it generated by the book itself and by Natapoff's own work. In clear, accessible language, the book exposes the social destruction that snitching can cause in heavily-policed Black neighborhoods, and how using criminal informants renders our entire penal process more secretive and less fair. By delving into the secretive world of criminal informants, Snitching reveals deep and often disturbing truths about the way American justice really works.

Reveals the secretive, inaccurate, and often violent ways that the American criminal system really worksCurtis Flowers spent twenty-three years on death row for a murder he did not commit. Atlanta police killed 92-year-old Kathryn Johnston during a misguided raid on her home. Rachel Hoffman was murdered at age twenty-three while working for Florida police. Such tragedies are consequences of snitching. Although it is nearly invisible to the public, the massive informant market shapes the American legal system in risky and sometimes shocking ways. Police rely on criminal suspects to obtain warrants, to perform surveillance, and to justify arrests. Prosecutors negotiate with defendants for information and cooperation, offering to drop charges or lighten sentences in exchange. In this book, Alexandra Natapoff provides a comprehensive analysis of this powerful and problematic practice. She shows how informant deals generate unreliable evidence, allow serious criminals to escape punishment, endanger the innocent, and exacerbate distrust between police and poor communities of color. First published over ten years ago, Snitching has become known as the "informant bible," a leading text for advocates, attorneys, journalists, and scholars. This influential book has helped free the innocent, it has fueled reform at the state and federal level, and it is frequently featured in high-profile media coverage of snitching debacles. This updated edition contains a decade worth of new stories, new data, new legislation and legal developments, much of it generated by the book itself and by Natapoff's own work. In clear, accessible language, the book exposes the social destruction that snitching can cause in heavily-policed Black neighborhoods, and how using criminal informants renders our entire penal process more secretive and less fair. By delving into the secretive world of criminal informants, Snitching reveals deep and often disturbing truths about the way American justice really works.

A vital collection for reforming criminal justice After five decades of punitive expansion, the entire U.S. criminal justice system— mass incarceration, the War on Drugs, police practices, the treatment of juveniles and the mentally ill, glaring racial disparity, the death penalty and more — faces challenging questions. What exactly is criminal justice? How much of it is a system of law and how much is a collection of situational social practices? What roles do the Constitution and the Supreme Court play? How do race and gender shape outcomes? How does change happen, and what changes or adaptations should be pursued? The New Criminal Justice Thinking addresses the challenges of this historic moment by asking essential theoretical and practical questions about how the criminal system operates. In this thorough and thoughtful volume, scholars from across the disciplines of legal theory, sociology, criminology, Critical Race Theory, and organizational theory offer crucial insights into how the criminal system works in both theory and practice. By engaging both classic issues and new understandings, this volume offers a comprehensive framework for thinking about the modern justice system. For those interested in criminal law and justice, The New Criminal Justice Thinking offers a profound discussion of the complexities of our deeply flawed criminal justice system, complexities that neither legal theory nor social science can answer alone.

A vital collection for reforming criminal justice After five decades of punitive expansion, the entire U.S. criminal justice system— mass incarceration, the War on Drugs, police practices, the treatment of juveniles and the mentally ill, glaring racial disparity, the death penalty and more — faces challenging questions. What exactly is criminal justice? How much of it is a system of law and how much is a collection of situational social practices? What roles do the Constitution and the Supreme Court play? How do race and gender shape outcomes? How does change happen, and what changes or adaptations should be pursued? The New Criminal Justice Thinking addresses the challenges of this historic moment by asking essential theoretical and practical questions about how the criminal system operates. In this thorough and thoughtful volume, scholars from across the disciplines of legal theory, sociology, criminology, Critical Race Theory, and organizational theory offer crucial insights into how the criminal system works in both theory and practice. By engaging both classic issues and new understandings, this volume offers a comprehensive framework for thinking about the modern justice system. For those interested in criminal law and justice, The New Criminal Justice Thinking offers a profound discussion of the complexities of our deeply flawed criminal justice system, complexities that neither legal theory nor social science can answer alone.