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Emma speaks with attorney Stephen Bright and James Kwak, law professor at the University of Connecticut, to discuss their recent book The Fear of Too Much Justice: Race, Poverty, and the Insistence of Inequality in the Criminal Courts.

https://law.yale.edu/stephen-b-bright

https://twitter.com/jamesykwak

https://thenewpress.com/books/fear-of-too-much-justice

Stephen Bright and James Kwak then join, first diving into Bright’s history with capital punishment in the US over the last four decades, making him ever so intimate with the criminal-legal system’s myriad injustices, blatant race discrimination, and severe power imbalance in favor of the prosecution, before stepping back to analyze why the conversation of the role of race and poverty in capital punishment is so centered on the southern US, despite racism, poverty, and death sentences all existing in the north as well. Next, Bright and Kwak parse through the drastic power imbalance that comes from the simultaneous hyper-politicization of the legal system through prosecutors alongside the deprioritization and underfunding of public defense, walking countless examples of prosecutorial injustice and the malpractice of certain supposed public defenders. Bright and Kwak then focus on the Supreme Court case of McCleskey v. Kemp, and the eventual decision that, despite overwhelming evidence of racist bias in the endorsement, sentencing, and execution of the death sentence, said bias cannot be used as an argument in individual cases, in “fear of too much justice, before wrapping up by walking through the compiling and countless injustices of the criminal legal system and its death penalty.

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Image has been cropped and color has been altered.