The Fear of Too Much Justice

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A legendary lawyer and a legal scholar reveal the structural failures that undermine justice in our criminal courts. This urgent analysis confronts racial bias, bigotry, and the abuse of power, highlighting the profound unfairness of the death penalty and advocating for its abolition. Glenn Ford, a Black man wrongfully convicted, spent thirty years on Louisiana’s death row before being released in 2014 with just twenty dollars, as prosecutors acknowledged their lack of a case against him. His trial exemplified injustice, with court-appointed lawyers lacking experience and resources, and the prosecution excluding Black jurors to secure an all-white jury for his death sentence. In this heart-wrenching overview, Stephen B. Bright and James Kwak explore the failures of the criminal legal system to uphold equality and justice. They address issues from the exploitation of the poor by private probation companies to executions carried out against constitutional rights, despite clear evidence of intellectual disabilities or mental illness. The authors also highlight progress being made in various regions toward achieving justice. With a foreword by Bryan Stevenson, who praises Bright for his ability to clarify complex issues surrounding the death penalty, this work offers a timely critique of our criminal courts and suggests pathways toward a more just future.