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Author: Michael Meltsner
Publisher: Univ Tennessee Press
ISBN: 9781621908197
Category : Biography & Autobiography
Languages : en
Pages : 0
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Book Description
This book tells the dramatic story of twenty-eight law students—one of whom was the author—who went south at the height of the civil rights era and helped change death penalty jurisprudence forever. The 1965 project was organized by the NAACP Legal Defense and Educational Fund, which sought to prove statistically whether capital punishment in southern rape cases had been applied discriminatorily over the previous twenty years. If the research showed that a disproportionate number of African Americans convicted of raping white women had received the death penalty regardless of nonracial variables (such as the degree of violence used), then capital punishment in the South could be abolished as a clear violation of the Fourteenth Amendment’s Equal Protection Clause. Targeting eleven states, the students cautiously made their way past suspicious court clerks, lawyers, and judges to secure the necessary data from dusty courthouse records. Trying to attract as little attention as possible, they managed—amazingly—to complete their task without suffering serious harm at the hands of white supremacists. Their findings then went to University of Pennsylvania criminologist Marvin Wolfgang, who compiled and analyzed the data for use in court challenges to death penalty convictions. The result was powerful evidence that thousands of jurors had voted on racial grounds in rape cases. This book not only tells Barrett Foerster’s and his teammates story but also examines how the findings were used before a U.S. Supreme Court resistant to numbers-based arguments and reluctant to admit that the justice system had executed hundreds of men because of their skin color. Most important, it illuminates the role the project played in the landmark Furman v. Georgia case, which led to a four-year cessation of capital punishment and a more limited set of death laws aimed at constraining racial discrimination. A Virginia native who studied law at UCLA, BARRETT J. FOERSTER (1942–2010) was a judge in the Superior Court in Imperial County, California. MICHAEL MELTSNER is the George J. and Kathleen Waters Matthews Distinguished Professor of Law at Northeastern University. During the 1960s, he was first assistant counsel to the NAACP Legal Defense Fund. His books include The Making of a Civil Rights Lawyer and Cruel and Unusual: The Supreme Court and Capital Punishment.
Author: Michael Meltsner
Publisher: Univ Tennessee Press
ISBN: 9781621908197
Category : Biography & Autobiography
Languages : en
Pages : 0
Get Book
Book Description
This book tells the dramatic story of twenty-eight law students—one of whom was the author—who went south at the height of the civil rights era and helped change death penalty jurisprudence forever. The 1965 project was organized by the NAACP Legal Defense and Educational Fund, which sought to prove statistically whether capital punishment in southern rape cases had been applied discriminatorily over the previous twenty years. If the research showed that a disproportionate number of African Americans convicted of raping white women had received the death penalty regardless of nonracial variables (such as the degree of violence used), then capital punishment in the South could be abolished as a clear violation of the Fourteenth Amendment’s Equal Protection Clause. Targeting eleven states, the students cautiously made their way past suspicious court clerks, lawyers, and judges to secure the necessary data from dusty courthouse records. Trying to attract as little attention as possible, they managed—amazingly—to complete their task without suffering serious harm at the hands of white supremacists. Their findings then went to University of Pennsylvania criminologist Marvin Wolfgang, who compiled and analyzed the data for use in court challenges to death penalty convictions. The result was powerful evidence that thousands of jurors had voted on racial grounds in rape cases. This book not only tells Barrett Foerster’s and his teammates story but also examines how the findings were used before a U.S. Supreme Court resistant to numbers-based arguments and reluctant to admit that the justice system had executed hundreds of men because of their skin color. Most important, it illuminates the role the project played in the landmark Furman v. Georgia case, which led to a four-year cessation of capital punishment and a more limited set of death laws aimed at constraining racial discrimination. A Virginia native who studied law at UCLA, BARRETT J. FOERSTER (1942–2010) was a judge in the Superior Court in Imperial County, California. MICHAEL MELTSNER is the George J. and Kathleen Waters Matthews Distinguished Professor of Law at Northeastern University. During the 1960s, he was first assistant counsel to the NAACP Legal Defense Fund. His books include The Making of a Civil Rights Lawyer and Cruel and Unusual: The Supreme Court and Capital Punishment.
Author: Michael Meltsner
Publisher: Univ. of Tennessee Press
ISBN: 1572339225
Category : Biography & Autobiography
Languages : en
Pages : 225
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Book Description
This book tells the dramatic story of twenty-eight law students—one of whom was the author—who went south at the height of the civil rights era and helped change death penalty jurisprudence forever. The 1965 project was organized by the NAACP Legal Defense and Educational Fund, which sought to prove statistically whether capital punishment in southern rape cases had been applied discriminatorily over the previous twenty years. If the research showed that a disproportionate number of African Americans convicted of raping white women had received the death penalty regardless of nonracial variables (such as the degree of violence used), then capital punishment in the South could be abolished as a clear violation of the Fourteenth Amendment’s Equal Protection Clause. Targeting eleven states, the students cautiously made their way past suspicious court clerks, lawyers, and judges to secure the necessary data from dusty courthouse records. Trying to attract as little attention as possible, they managed—amazingly—to complete their task without suffering serious harm at the hands of white supremacists. Their findings then went to University of Pennsylvania criminologist Marvin Wolfgang, who compiled and analyzed the data for use in court challenges to death penalty convictions. The result was powerful evidence that thousands of jurors had voted on racial grounds in rape cases. This book not only tells Barrett Foerster’s and his teammates story but also examines how the findings were used before a U.S. Supreme Court resistant to numbers-based arguments and reluctant to admit that the justice system had executed hundreds of men because of their skin color. Most important, it illuminates the role the project played in the landmark Furman v. Georgia case, which led to a four-year cessation of capital punishment and a more limited set of death laws aimed at constraining racial discrimination. A Virginia native who studied law at UCLA, BARRETT J. FOERSTER (1942–2010) was a judge in the Superior Court in Imperial County, California. MICHAEL MELTSNER is the George J. and Kathleen Waters Matthews Distinguished Professor of Law at Northeastern University. During the 1960s, he was first assistant counsel to the NAACP Legal Defense Fund. His books include The Making of a Civil Rights Lawyer and Cruel and Unusual: The Supreme Court and Capital Punishment.
Author: Michael L. Seigel
Publisher:
ISBN: 9781594605147
Category : Campus violence
Languages : en
Pages : 0
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Book Description
The American criminal justice system, though undoubtedly one of the best in the world, is far from perfect. Every once in a while a notorious case comes along and reveals its uglier side--for instance, its differential treatment of whites and people of color. Such cases often garner huge amounts of national media attention and capture the sustained interest of a normally restless American public. Whatever their outcome, they provide academics with exceptional opportunities to study, learn, and teach about the justice system. They also offer the chance to study related matters, such as the conduct of particular law enforcement and other officials, as well as the underlying causes of crime and the public''s reaction to it. The Duke lacrosse players'' rape prosecution is one such case. One evening in March 2006, members of the lacrosse team held an off-campus party where alcohol was served and two erotic dancers were hired to perform. A disagreement broke out between the dancers and the players; later, one of the former, Crystal Mangum, alleged that three players had raped her. Mangum was black and relatively poor; the accused were white and relatively privileged. Up for re-election in a jurisdiction with many African American voters, District Attorney Mike Nifong pursued the case very aggressively. He used questionable identification procedures and was unusually outspoken in numerous local and national media appearances. Even after DNA evidence indicated that the defendants had not engaged in sexual activity with the victim, he declined to drop the charges. Worse, he hid other exculpatory DNA evidence. The case split the Duke campus, the Durham community, and observers at large into sharply divided factions. Desperately trying to preserve its hard-won reputation as an upper-echelon school, the university cancelled the lacrosse season, suspended the three indicted players, and commenced a series of internal investigations. After months of dramatic twists and turns, the North Carolina Bar Association charged Nifong with violating several ethics provisions based on his handling of the prosecution. Within days of being charged, Nifong relinquished the case to the North Carolina Attorney General who, after reviewing the proof, dismissed all remaining charges against the lacrosse players and publicly declared their innocence. After a thirteen-month ordeal, the case was finally over. Eventually, the disgraced Nifong was disbarred. "This book is a fascinating expose. The story of this shocking case is an unforgettable reminder of what can go wrong when politics and justice collide. It is full of lessons to be learned by anyone interested in prosecutorial discretion, sexual assault, campus administration, evidence, media coverage of crime, grand juries, college drinking, race relations, or wrongful convictions." -- Nancy J. King, Lee S. and Charles A. Speir Professor of Law, Vanderbilt University School of Law "A wonderful compilation of materials that provide an incredibly insightful look at many facets of law and society through the lens of a single case." -- Ellen S. Podgor, Associate Dean and Professor of Law, Stetson University College of Law "This book not only provides all of the rich factual detail that one could want about one of the most conspicuous legal cases of our generation, but also delves deeply into its legal, sociological and cultural ramifications. Its impressive array of prominent authors uses the occasion of the Duke lacrosse prosecution to help us learn a surprising number of nuanced and trenchant lessons about our legal system, our society and ourselves." -- Christopher Slobogin, Milton Underwood Professor of Law, Vanderbilt University Law School "The edited volume covers a broad terrain and touches on a number of important issues, most significantly the role of prosecutors in the justice system... The breadth of the book provides a wide range of readings for people interested in just about any angle of this peculiar case." -- Law & Politics Book Review "Race to Injustice is a must-read for anyone who cares enough about equal justice in America to admit the criminal justice system is far from perfect and cries out for reform..." -- The Florida Bar Journal "The essays are tight, clear, well written, and well documented. This collection is highly recommended for anyone interested in social justice issues." -- CHOICE Magazine
Author: Nader Baydoun
Publisher: Thomas Nelson
ISBN: 1418584312
Category : True Crime
Languages : en
Pages : 272
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Book Description
The party was planned . . . college friends, booze, even a couple of strippers. But, the revelry the boys were anticipating never happened. Instead of the good time they had hoped for, several members of the Duke University lacrosse team were charged with assault and rape. Amazingly, when the district attorney stepped up to the bank of microphones on a world stage and made his pronouncement, it soulded like an easy verdict. Few suspected that this blockbuster of a news story was based on lies and furthered by private political ambitions. Seasoned trial lawyer Nader Baydoun, a Duke alumnus, paid close attention to the lacrosse case from the moment it broke. And it wasn't long before he suspected that something was wrong. Baydoun started digging. here's what he and his collaborator, New York Times best-selling author and attorney R. Stephanie Good, found: From the very start, the supposed victim, Crystal Gale Mangum, and her partner, gave highly inconsistent statements District Attorney Mike Nifong never interviewed Mangum about the night of the supposed rape The DA damned the players in the press even after he saw DNA evidence that irrevocably vindicated them Nifong made a deal to keep exculpatory DNA evidence a secret The DA refused to review other evidence that proved the players could not have sexually assaulted Mangum, including rock-solid alibis These appalling facts, along with many others revealed here, add up to this: At no time was there ever any credible evidence that a rape had occurred?and the DA dragged three innocent young men through a merciless gauntlet for the sole purpose of advancing his political career. In this landmark book, Baydoun gives the behind-the-scenes account of the Duke lacrosse rape case from primary sources, and sheds light on the real victims in a case that gripped the nation.
Author: Catherine O. Jacquet
Publisher: UNC Press Books
ISBN: 1469653877
Category : History
Languages : en
Pages : 271
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Book Description
From 1950 to 1980, activists in the black freedom and women's liberation movements mounted significant campaigns in response to the injustices of rape. These activists challenged the dominant legal and social discourses of the day and redefined the political agenda on sexual violence for over three decades. How activists framed sexual violence--as either racial injustice, gender injustice, or both--was based in their respective frameworks of oppression. The dominant discourse of the black freedom movement constructed rape primarily as the product of racism and white supremacy, whereas the dominant discourse of women's liberation constructed rape as the result of sexism and male supremacy. In The Injustices of Rape, Catherine O. Jacquet is the first to examine these two movement responses together, explaining when and why they were in conflict, when and why they converged, and how activists both upheld and challenged them. Throughout, she uses the history of antirape activism to reveal the difficulty of challenging deeply ingrained racist and sexist ideologies, the unevenness of reform, and the necessity of an intersectional analysis to combat social injustice.
Author: Estelle B. Freedman
Publisher: Harvard University Press
ISBN: 0674728491
Category : History
Languages : en
Pages : 414
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Book Description
The uproar over "legitimate rape" during the 2012 U.S. elections confirms that rape remains a word in flux, subject to political power and social privilege. Redefining Rape describes the forces that have shaped the meaning of sexual violence in the U.S., through the experiences of accusers, assailants, and advocates for change.
Author: Danielle L. McGuire
Publisher: Vintage
ISBN: 0307389243
Category : History
Languages : en
Pages : 418
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Book Description
Here is the courageous, groundbreaking story of Rosa Parks and Recy Taylor—a story that reinterprets the history of America's civil rights movement in terms of the sexual violence committed against Black women by white men. "An important step to finally facing the terrible legacies of race and gender in this country.” —The Washington Post Rosa Parks was often described as a sweet and reticent elderly woman whose tired feet caused her to defy segregation on Montgomery’s city buses, and whose supposedly solitary, spontaneous act sparked the 1955 bus boycott that gave birth to the civil rights movement. The truth of who Rosa Parks was and what really lay beneath the 1955 boycott is far different from anything previously written. In this groundbreaking and important book, Danielle McGuire writes about the rape in 1944 of a twenty-four-year-old mother and sharecropper, Recy Taylor, who strolled toward home after an evening of singing and praying at the Rock Hill Holiness Church in Abbeville, Alabama. Seven white men, armed with knives and shotguns, ordered the young woman into their green Chevrolet, raped her, and left her for dead. The president of the local NAACP branch office sent his best investigator and organizer—Rosa Parks—to Abbeville. In taking on this case, Parks launched a movement that exposed a ritualized history of sexual assault against Black women and added fire to the growing call for change.
Author: Rachel A. Feinstein
Publisher: Routledge
ISBN: 1351809180
Category : Social Science
Languages : en
Pages : 185
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Book Description
When Rape was Legal is the first book to solely focus on the widespread rape perpetrated against enslaved black women by white men in the United States. The routine practice of sexual violence against enslaved black women by white men, the motivations for this rape, and the legal context that enabled this violence are all explored and scrutinized. Enlightening analysis found that rape was not merely a result of sexual desire and opportunity, or simply a form of punishment and racial domination, but instead encompassed all of these dimensions as part of the identity of white masculinity. This provocative text highlights the significant role that white women played in enabling sexual violence against enslaved black women through a variety of responses and, at times, through their lack of response to the actions of the white men in their lives. Significantly, this book finds that sexual violence against enslaved black women was a widespread form of oppression used to perform white masculinity and reinforce an intersectional hierarchy. Additionally, white women played a vital role by enabling this sexual violence and perpetuating the subordination of themselves and those subordinate to them.
Author: Eric W. Rise
Publisher: University of Virginia Press
ISBN: 9780813918303
Category : History
Languages : en
Pages : 236
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Book Description
This book offers the first comprehensive treatment of the case of the Martinsville Seven, a group of young black men executed in 1951 for the rape of a white woman in Martinsville, Virginia. Covering every aspect of the proceedings from the commission of the crime through two appeals, Eric W. Rise reexamines common assumptions about the administration of justice in the South. Although the defendants confessed to the crime, racial prejudice undeniably contributed to their eventual executions. Rise highlights the efforts of the attorneys who, rather than focusing on procedural errors, directly attacked the discriminatory application of the death penalty. The Martinsville Seven case was the first instance in which statistical evidence was used to prove systematic discrimination against blacks in capital cases.
Author: Michelle Alexander
Publisher: The New Press
ISBN: 1620971941
Category : Law
Languages : en
Pages : 434
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Book Description
Named one of the most important nonfiction books of the 21st century by Entertainment Weekly‚ Slate‚ Chronicle of Higher Education‚ Literary Hub, Book Riot‚ and Zora A tenth-anniversary edition of the iconic bestseller—"one of the most influential books of the past 20 years," according to the Chronicle of Higher Education—with a new preface by the author "It is in no small part thanks to Alexander's account that civil rights organizations such as Black Lives Matter have focused so much of their energy on the criminal justice system." —Adam Shatz, London Review of Books Seldom does a book have the impact of Michelle Alexander's The New Jim Crow. Since it was first published in 2010, it has been cited in judicial decisions and has been adopted in campus-wide and community-wide reads; it helped inspire the creation of the Marshall Project and the new $100 million Art for Justice Fund; it has been the winner of numerous prizes, including the prestigious NAACP Image Award; and it has spent nearly 250 weeks on the New York Times bestseller list. Most important of all, it has spawned a whole generation of criminal justice reform activists and organizations motivated by Michelle Alexander's unforgettable argument that "we have not ended racial caste in America; we have merely redesigned it." As the Birmingham News proclaimed, it is "undoubtedly the most important book published in this century about the U.S." Now, ten years after it was first published, The New Press is proud to issue a tenth-anniversary edition with a new preface by Michelle Alexander that discusses the impact the book has had and the state of the criminal justice reform movement today.
