logo
episode-header-image
Jul 2023
46m 49s

Stephen Bright and James Kwak, "The Fear...

NEW BOOKS NETWORK
About this episode

Glenn Ford, a Black man, spent thirty years on Louisiana’s death row for a crime he did not commit. He was released in 2014—and given twenty dollars—when prosecutors admitted they did not have a case against him.

Ford’s trial was a travesty. One of his court-appointed lawyers specialized in oil and gas law and had never tried a case. The other had been out of law school for only two years. They had no funds for investigation or experts. The prosecution struck all the Black prospective jurors to get the all-white jury that sentenced Ford to death.

In The Fear of Too Much Justice: Race, Poverty, and the Persistence of Inequality in the Criminal Courts (The New Press, 2023), legendary death penalty lawyer Stephen B. Bright and legal scholar James Kwak offer a heart-wrenching overview of how the criminal legal system fails to live up to the values of equality and justice. The book ranges from poor people squeezed for cash by private probation companies because of trivial violations to people executed in violation of the Constitution despite overwhelming evidence of intellectual disability or mental illness. They also show examples from around the country of places that are making progress toward justice.

With a foreword by Bryan Stevenson, who worked for Bright at the Southern Center for Human Rights and credits him for “[breaking] down the issues with the death penalty simply but persuasively,” The Fear of Too Much Justice offers a timely, trenchant, firsthand critique of our criminal courts and points the way toward a more just future.


Omari Averette-Phillips is a History Educator and an Independent Scholar based in Southern California. He can be reached at omariaverette@gmail.com.

Learn more about your ad choices. Visit megaphone.fm/adchoices

Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/public-policy

Up next
Oct 6
Katherine J. Parkin, "The Abortion Market: Buying and Selling Access in the Era Before Roe" (U Pennsylvania Press, 2025)
The abortion market was a powerful economic force in American life. Before legalization lowered the cost, one million women each year collectively paid upward of $750 million for abortions. In The Abortion Market: Buying and Selling Access in the Era Before Roe (University of Pen ... Show More
42m 15s
Oct 2
Greg Lukianoff and Nadine Strossen, "The War on Words: 10 Arguments Against Free Speech—And Why They Fail" (Heresy Press, 2025)
The War on Words: 10 Arguments Against Free Speech—And Why They Fail (Heresy Press, 2025) constitutes a bulwark against the persistent censorial efforts from both the political left and right. At a time when conformist pressures threaten viewpoint diversity, and when political at ... Show More
52m 35s
Oct 1
Michael Rowe, "Researching Street-Level Bureaucracy: Bringing Out the Interpretive Dimensions" (Routledge, 2024)
Researching Street-level Bureaucracy: Bringing Out the Interpretive Dimensions (Routledge, 2024) is the first among a number of new titles in the Routledge Series on Interpretive Methods that we’ll be featuring on New Books in Interpretive Political and Social Science. In it, Mik ... Show More
40m 9s
Recommended Episodes
Oct 2024
The Prison Industrial Complex with Jarrett Adams - PMQ015
Jarrett Adams is a defense attorney, author, and founder of Life After Justice, a nonprofit focused on fighting wrongful convictions and supporting reintegration for exonerated individuals. In this episode, we get into his story of being wrongfully convicted at 17, the realities ... Show More
1h 35m
Dec 2024
Sandhya Fuchs, "Fragile Hope: Seeking Justice for Hate Crimes in India" (Stanford UP, 2024)
Fragile Hope: Seeking Justice for Hate Crimes in India (Stanford University Press, 2024). Against the backdrop of the global Black Lives Matter movement, debates around the social impact of hate crime legislation have come to the political fore. In 2019, the UN Commission on Crim ... Show More
1h 47m
Jul 2023
Mayur R. Suresh, "Terror Trials: Life and Law in Delhi's Courts" (Fordham UP, 2022)
In Terror Trials: Life and Law in Delhi's Courts (Fordham UP, 2022), Mayur Suresh shows how legal procedures and technicalities become the modes through which courtrooms are made habitable. Where India’s terror trials have come to be understood by way of the expansion of the secu ... Show More
49m 53s
Aug 2024
The Untold Stories of Attorney Clarence Darrow
Lawyers long considered the legendary Clarence Darrow to be an attorney to emulate, but closer examination of his career shows a condemnable pattern of unethical tactics and empty courtroom arguments. To debunk the popular culture myths surrounding Darrow, Rocky Dhir welcomes aut ... Show More
31m 14s
Jan 2024
Rita Kesselring, "Bodies of Truth: Law, Memory, and Emancipation in Post-Apartheid South Africa" (Stanford UP, 2017)
Rita Kesselring’s important book Bodies of Truth: Law, Memory, and Emancipation in Post-Apartheid South Africa (Stanford University Press, 2017) seeks to understand the embodied and everyday effects of state-sponsored violence as well the limits of the law to produce social repai ... Show More
49m 26s
Nov 2023
Alex Murdaugh's Road To A Retrial Gets Clearer By The Day
In a shocking turn of events, Alex Murdaugh, the once-revered attorney, has admitted guilt to a series of financial crimes, a move that has rippled through the legal community and the public alike. With the looming shadow of his murder trial still hanging overhead, Murdaugh's con ... Show More
5m 19s
May 2022
Sean J. Drake, "Academic Apartheid: Race and the Criminalization of Failure in an American Suburb" (U California Press, 2022)
In Academic Apartheid: Race and the Criminalization of Failure in an American Suburb (U California Press, 2022), sociologist Sean J. Drake addresses long-standing problems of educational inequality from a nuanced perspective, looking at how race and class intersect to affect mode ... Show More
1 h
Feb 2019
David Ray Papke, "Containment and Condemnation: Law and the Oppression of the Urban Poor" (Michigan State UP, 2019)
The law does things, writes David Ray Papke, and it says things, and if we are talking about poor Americans, especially those living in big cities, what it does and says combine to function as powerfully oppressive forces that can much more likely be counted on to do harm than go ... Show More
31m 17s
May 2022
“I Just Held her Arm”- The Exoneration of two developmentally disabled brothers who Served 31 years for another person’s horrible crime-with capital defense attorney Marshall Dayan
Marshall Dayan was born in Miami, Florida, and raised in Macon, Georgia. He was awarded a B.A. degree from the University of Georgia, and received his J.D. in 1986 from Antioch School of Law. Dayan has been actively involved in the anti-death penalty movement since 1981, and repr ... Show More
49m 35s
Aug 7
The Michael Proctor files. Parents of murdered daughter want answers. And behind the scenes with a CSI.
Prosecutors at the Norfolk County Superior Court in Massachusetts share new details in the murder case against disgraced art salesman Brian Walshe, just two months after they finished one of the biggest trials of the year -- Karen Read. And Michael Proctor, the lead investigator ... Show More
28m 27s