Barred: Why the Innocent Can't Get Out of Prison

Thousands of innocent people are behind bars in the US due to the justice system's stringent procedural rules, which guarantee criminal defendants just one opportunity to appeal their convictions and prevent exoneration even when there is strong evidence of a miscarriage of justice.

Format: Hardback
Length: 336 pages
Publication date: 20 September 2022
Publisher: Basic Books

In the United States, thousands of innocent individuals find themselves behind bars, facing an uphill battle to prove their innocence and secure their release. The system's stringent procedural rules, which provide criminal defendants with only one opportunity to appeal their convictions directly to a higher court, are largely to blame for this ongoing injustice. Even when there is overwhelming evidence of a miscarriage of justice, rigid guidelines, bias, and deference toward lower courts often prevent exoneration.

Legal scholar Daniel S. Medwed's book "Barred" sheds light on this pressing issue by providing clear explanations of legal procedures alongside heart-wrenching stories of the devastating impact of wrongful convictions. Through his compelling narrative, Medwed exposes how the system is stacked against the innocent and makes a powerful call for change.

One of the key arguments in "Barred" is that the current system fails to recognize the importance of due process and the right to a fair trial. The rules that govern criminal proceedings are designed to ensure that the accused receives a fair trial, but they often come at the expense of the innocent. For example, the burden of proof is often placed on the defendant, even when there is substantial evidence of their innocence. This places an incredible strain on the accused and their families, as they must navigate a complex legal system and fight for their rights.

Furthermore, Medwed argues that the system's emphasis on punishment over rehabilitation is flawed. Many individuals who are wrongfully convicted suffer from mental health issues, substance abuse problems, and other challenges that can contribute to their re-offending. Instead of focusing on rehabilitation, the system often punishes these individuals by imposing long sentences and denying them access to necessary resources.

Another issue highlighted in "Barred" is the role of bias and discrimination in the justice system. Studies have shown that individuals from marginalized communities, such as Black and Latinx individuals, are disproportionately represented in the criminal justice system and are more likely to be wrongfully convicted. This is due to a variety of factors, including systemic racism, police brutality, and unequal access to legal representation.

To address these issues, Medwed proposes several reforms. He suggests that the system should place greater emphasis on the right to a speedy and fair trial, with the burden of proof placed on the government to prove the defendant's guilt beyond a reasonable doubt. Additionally, the system should prioritize rehabilitation over punishment, providing individuals who are wrongfully convicted with access to necessary resources and support to help them reintegrate into society.

Medwed also calls for increased transparency in the justice system, including the release of more information about cases that have been overturned due to evidence of innocence. This would help to prevent future miscarriages of justice and build trust in the system among the public.

In conclusion, "Barred" is a powerful and eye-opening book that sheds light on the ongoing problem of wrongful convictions in the United States. Legal scholar Daniel S. Medwed's compelling narrative and thoughtful analysis provide a roadmap for reform that can help to ensure that the innocent are not punished and that the system is fair and just for all. It is a must-read for anyone who cares about the rights and well-being of individuals who find themselves in the criminal justice system.

Weight: 538g
Dimension: 161 x 242 x 32 (mm)
ISBN-13: 9781541675919