12 books that best explain America's incarceration system, according to criminal justice lawyers

Diagonal Pattern of books Criminal Justice Lawyers Recommend; including Caste, the New Jim Crow, and Just Mercy — Some of the best criminal justice books include "The New Jim Crow," "Just Mercy," and "Punishment Without Crime," according to criminal justice lawyers Insha Rahman and Andrew Shear.
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The US criminal justice system is often described using sensationalizing statistics or stories.
We spoke to 2 criminal justice lawyers to find the best, nuanced criminal justice books.
For more nonfiction books, check out our best journalism books and best memoirs.

America's criminal justice system can feel distant to those removed from courtrooms or prison cells. That's why reading books that humanize the system can help you better relate to the approximately 2.3 million people currently incarcerated in the US.

To find the books that can best explain our complex legal system (and the inequalities it can create), I spoke with two lawyers working in the criminal justice field, Insha Rahman the Vice President of Advocacy and Partnerships at the Vera Institute of Justice, and Andrew Shear, the Supervising Deputy State Public Defender at the Office of the State Public Defender - California.

There are so many niche categories within the criminal legal system - and many books within each. Below are a few worth investigating, as well as tips on finding more books and other ways to get involved in reforming the criminal justice system.

The 12 best criminal justice books to read, according to 2 criminal justice lawyers:

"The New Jim Crow" Mass Incarceration in the Age of Colorblindness" by Michelle Alexander

The New Jim Crow bookcover on a yellow background — Bookshop

Available on Amazon and Bookshop, from $17.49

Both Rahman and Shear recommended "The New Jim Crow," a fantastic starting point for people who are new to the criminal justice system and looking for an overview on the clear path from slavery to mass incarceration.

It's a comprehensive and thought-provoking book, often assigned as a text in legal studies and racial equity university programs.

"Punishment Without Crime: How Our Massive Misdemeanor System Traps the Innocent and Makes America More Unequal" by Alexandra Natapoff

Punishment Without Crime bookcover with handcuffs against a yellow background — Bookshop

Available on Amazon and Bookshop, from $22.49

"'Punishment Without Crime' so beautifully tells the story of what tiny things people get dragged into the system for," says Rahman. This highly technical book looks at how misdemeanors create massive inequalities and drag non-dangerous members of the public into prisons.

"Just Mercy: A Story of Justice and Redemption" by Bryan Stevenson

Just Mercy: A Story of Justice and Redemption book cover against a yellow background — Amazon

Available on Amazon and Bookshop, from $15.64

Recommended by Shear, this is Bryan Stevenson's story of his work as a young lawyer, specifically his work with an innocent client, Walter McMillian. McMillian is one of an estimated at least 20,000 people falsely convicted in the US criminal justice system.

This compelling book was turned into a movie that brought attention to the injustices in McMillian's case and real stories of others on death row.

The Great North Innocence Project also has a list of similar books and movies about wrongful convictions.

Locked In: The True Causes of Mass Incarceration-and How to Achieve Real Reform

Locked In book cover featuring a bench with shadows against a yellow background — Bookshop

Available on Amazon and Barnes & Noble, from $17.41

Prosecutors have a great deal of power in deciding what to charge defendants with — and therefore how much time they can be imprisoned for, who to make plea deals with, and more.

"Locked In" is about the role prosecutors in particular play in America's broken system of punishment and "upends all of our assumptions about 'the war on drugs' and heavy policing driving mass incarceration," says Rahman.

"Suspect Identities: A History of Fingerprinting and Criminal Identification" by Simon A. Cole

Suspect Identities book-cover with a fingerprint against a yellow background — Bookshop

Available on Amazon and Bookshop, from

Shows like "CSI" have convinced audiences, many of whom will eventually serve on juries, that forensic evidence is not only trustworthy but should be expected in a criminal trial.

In reality, "fingerprints were created with no real science behind them, [with] no evidence that everyone's are different," according to Shear. In this book, Simon A. Cole expertly explains the shortcomings of fingerprinting and other commonly cited evidence.

"Ghettoside: A True Story of Murder in America" by Jill Leovy

Ghettoside: A True Story of Murder in America bookcover with images of a bullet and memorial candles against a yellow background — Bookshop

Available on Amazon and Bookshop, from $15.79

Told through the eyes of journalist Jill Leovy, this well-researched, fast-paced, and gripping narrative examines murder in the United States: What it looks like, why it happens, and its effect on communities.

As you read the stories of several people profiled throughout, it "becomes very, very clear that in some communities the only decisions available to certain people, especially young men, [are the ones that] lead you into the criminal legal system," according to Rahman.

"Locking Up Our Own: Crime and Punishment in Black America" by James Forman Jr.

Locking Up Our Own book cover with barbed wire against a yellow background — Bookshop

Available on Amazon and Bookshop, from $15.64

In this Pulitzer Prize-winning story, James Forman Jr., a Black defender and Yale professor, writes about his first-hand experience defending predominantly Black clients. The book also explores the war on crime, pointing out how many powerful voices in the tough-on-crime movement are also Black.

According to Rahman, this is a fascinating memoir that anyone, including fellow criminal justice lawyers, can learn a lot from.

"The Myth of Repressed Memory: False Memories and Allegations of Sexual Abuse" by Dr. Elixabeth Loftus and Katherine Ketcham

The Myth of Repressed Memory bookcover — Bookshop

Available on Amazon and Bookshop, from $16.55

"Eyewitness identification is thought of as the gold standard for testimony, but in fact eyewitness identification is awful," says Shear. This book investigates how human memory works and points to reasons why identifications need to be taken with several grains of salt.

"Caste: The Origins of Our Discontents" by Isabel Wilkerson

Caste: The Origins of Our Discontents book cover of a group of people against a yellow background — Bookshop

Available on Amazon and Bookshop, from $14.70

In "Caste," Isabel Wilkerson compares the hierarchies in the United States today with other hierarchical societies including the Hindu caste system and Nazi Germany. The similarities between these societies are cause for concern for America as a whole and all of the systems that uphold it, including the criminal justice system.

Shear notes that books like "Caste" are successful because of all of the research that goes into them (which can be seen in the notes and sources referenced).

"The Nine: Inside the Secret World of the Supreme Court" by Jeffrey Toobin

The Nine: Inside the Secret World of the Supreme Court book cover featuring a column against a yellow background — Amazon

Available on Amazon and Bookshop, from $15.64

While we all are affected by opinions from the Supreme Court, few of us will ever get to see its inner workings, including most lawyers. This book gives an inside perspective, based on interviews, that can help us all understand the priorities of the most important court in the country.

For a more historical take on the Supreme Court, Shear also recommends "The Brethren: Inside the Supreme Court" published in 1979.

"Between the World and Me" by Ta-Nehisi Coates

Between the World and Me bookcover against a yellow background — Amazon

Available on Amazon and Bookshop, from $15.50

While not about the criminal justice system directly, this honest and powerful memoir documents how the US's history of racism affects all aspects of life today. Shear recommended this book because it features more of an "experiential description" of the system.

This is the most famous book from Coates, who is now a professor at Howard University.

"The Mars Room" by Rachel Kushner

The Mars Room book cover of a person looking in a mirror with the book title in neon lights against a yellow background — Amazon

Available on Amazon and Bookshop, from $10.89

The only work of fiction on this list, this beautiful and dramatic novel looks at a woman who is accused of killing the man who was abusing and stalking her.

"It's an amazing insight into how the system fails us in terms of understanding what is behind someone's actions," says Rahman, who also believes the system fails us by neither rehabilitating those who committed crimes nor repairing society.

How to find the best criminal justice books

Woman browsing books in library — 4FR/Getty Images

Be aware of the tone

One of the biggest takeaways I gained from speaking with Rahman and Shear is that not every book you read or piece of media you consume — even if it's well-intentioned — will give you an accurate understanding of our criminal justice system.

Rahman warns that stories referring to a crime in dramatic terms tend to "drive the wrong conversations about public safety and make people overly worried."

Response to criminal justice incidents move slowly after the initial incident, so any book about the criminal justice system that is fast-paced throughout is likely excluding parts of the system that might seem boring to readers. As Shear says, when it comes to sensationalized criminal justice stories, "If a [fictionalized story] sounds too good to be true, it is."

Consider any biases or loose reporting

When deciding what stories to read, in addition to being wary of sensationalized stories, readers should also note the author's experiences (or possible biases), the sources consulted or referenced in the book, and even the genre.

Seek books that challenge you

According to Rahman, readers will get the most out of these stories if they seek to challenge their assumptions about the criminal justice system, as there's a lot of value in actively seeking out opinions you don't agree with and looking to expand your thinking.

Other ways to get involved in criminal justice reform:

A screenshot of the "Get Involved" page on The Innocence Project website. — The Innocence Project

Reading can create empathy, understanding, and passion in readers, but when it comes to solving any of the problems with the criminal justice system, an ethically-minded reader's work shouldn't stop there. Rahman suggests a few actions people can take to push for reform in the criminal legal justice system.

Go to public hearings

The best way to understand the criminal justice system is to see it first-hand. Hearings are open to the public and having members of the public in the room can help promote accountability. Signing up for this will be different in every state or local jurisdiction.

This is what signing up looks like on the federal level.

Volunteer

Depending on your background, there are lots of different ways to volunteer. From helping those up for a parole hearing practice their interview skills to facilitating workshops on alternatives to violence for inmates, there are many opportunities to get involved.

Virtual volunteering options are available at the Last Prisoner Project or other local options.

Donate

There are many great organizations working to make criminal justice reforms, from the Vera Institute to the Innocence Project. Donating to any of these organizations allows them to continue important research and advocacy.

Contact your elected officials

Criminal justice reform is frequently debated in government on the local and federal levels in the US. Reach out to your representatives to voice your support or opposition to policies that could have major effects on our system.

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