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In 1971, Paul Harris pioneered the modern version of the black rage defense when he successfully defended a young black man charged with armed bank robbery. Dubbed one of the most novel criminal defenses in American history by Vanity Fair, the black rage defense is enormously controversial, frequently dismissed as irresponsible, nothing less than a harbinger of anarchy. Consider the firestorm of protest that resulted when the defense for Colin Ferguson, the gunman who murdered numerous passengers on a New York commuter train, claimed it was considering a black rage defense.
In this thought-provoking book, Harris traces the origins of the black rage defense back through American history, recreating numerous dramatic trials along the way. For example, he recounts in vivid detail how Clarence Darrow, defense attorney in the famous Scopes Monkey trial, first introduced the notion of an environmental hardship defense in 1925 while defending a black family who shot into a drunken white mob that had encircled their home.
Emphasizing that the black rage defense must be enlisted responsibly and selectively, Harris skillfully distinguishes between applying an environmental defense and simply blaming society, in the abstract, for individual crimes. If Ferguson had invoked such a defense, in Harris's words, it would have sent a superficial, wrong-headed, blame-everything-on-racism message. Careful not to succumb to easy generalizations, Harris also addresses the possibilities of a white rage defense and the more recent phenomenon of cultural defenses. He illustrates how a person's environment can, and does, affect his or her life and actions, how even the most rational person can become criminally deranged, when bludgeoned into hopelessness by exploitation, racism, and relentless poverty.
- Sales Rank: #2410364 in Books
- Brand: Brand: NYU Press
- Published on: 1999-05-01
- Released on: 1999-05-01
- Original language: English
- Number of items: 1
- Dimensions: 9.00" h x .78" w x 6.00" l, .92 pounds
- Binding: Paperback
- 306 pages
Features
- Used Book in Good Condition
From Library Journal
Harris was a partner at a small, radical San Francisco law firm in 1971 when he was encouraged by a community activist to represent a young black accused of bank robbery who had grown up in poverty and was unable to support his family. Arguing that Steven Robinson suffered from what psychiatrists at the time termed a transient situational disturbance, Harris convinced the jury that the defendant "cracked up" because of temporary situational stresses that were the culmination of racial and class oppression. The jury acquitted Robinson, and other lawyers began to use this "black rage" defense. Harris traces the history of this strategy, explaining when, where, and how it can be applied. Obviously useful for criminal defense attorneys, his book at a deeper and more profound level illustrates the degree to which social and economic hardship and deprivation can justify human misconduct. Recommended for public and academic law collections.?Phillip Young Blue, New York State Supreme Court Criminal Branch Lib., New York
Copyright 1997 Reed Business Information, Inc.
From Booklist
Harris is a leading proponent of the black rage defense strategy; that background alone would make this book worth reading, but his brilliant explication of the controversial defense strategy makes it important as well. Known for his defense of Huey Newton in the `60s, and recently for handling the surrender and defense of Stephen Bingham, the fugitive lawyer accused of passing George Jackson the gun that touched off his bloody escape attempt at San Quentin (Liberatore ), Harris states that the black rage defense allows the lawyer to bring the "racial reality of America into the court by presenting 'social context' or 'social framework' evidence." Harris' cogent argument answers such critics as Alan Dershowitz (see The Abuse Excuse [1994]) by establishing historical precedent, beginning with William Henry Seward's defense of the black William Freeman in 1846, and by dramatizing the effects of social ills through literary examples from classic social realism novels such as Ann Petry's The Street and Willard Motley's Knock on Any Door. A reasoned and complete explication of a controversial topic. Bonnie Smothers
Review
"Within Harris's reasoned, cogent analysis lurks a legal strategy tethered to the nation's tattered and perennial traditions of white supremacy, which aims to acknowledge it, use it to explain its devastating effects on the black psyche, and provide a legal tool for some degree of amelioration. Ultimately, Black Rage Confronts the Law is more about U. S. power relations than law.
Therefore, it will be damned.
Therefore, it will be praised.
Therefore, it should be read."
-Mumia Abu-Jamal,author of Live from Death Row
”Paul Harris made an impact just two years out of law school with his innovative `black rage' defense. Harris convinced the jury that, in America, unemployment for a proud and talented black man can cause . . . a kind of temporary insanity. The theory not only gained Harris's client an acquittal, it left the man's integrity intact.“
-California Lawyer
"Any lawyer who deals within the Black community needs to read it."
-New York Amsterdam News
”On a deeper and more profound level [this book] illustrates the degree to which social and economic hardship and deprivation can justify human misconduct.”
-Library Journal
Most helpful customer reviews
7 of 8 people found the following review helpful.
More than just Haiti and frogs
By A Customer
It's a shame that there aren't more English translations of this writer's work. I'm eager to discover what else Montero has to say (A hint to translator Edith Grossman should she ever read this). I found this novel among those listed in the Best Fiction of 1997 compiled by Booklist. Montero's novel certainly is deserving of a "Best of" list being a uniquely constructed story with alternating viewpoints of the two protagonists (the American gets the even numbered chapters, his storytelling Haitian guide the odd) and intertwining reports of the decline of numerous species of frogs throughout the world. I have never come across a work of fiction that incorporated the extinction and threatened extinction of amphibians as a metaphor for the chaotic state of the human condition. Having recently returned from a wildlife tour of Costa Rica, I am well-acquainted with the low or completely absent populations of frogs there. I was astonished to learn from reading t! his novel that the phenomenon of vanishing frogs is a global one. Readers with an interest in the alarming environmental situation of our planet and the mysteries of life should find a copy of Montero's novel and give it a thorough read. It is sure to give some reflection on the fragile state of both Earth and the human heart. The final paragraph is heartwrenching. I gasped before closing the book leaving me with much to mull over.
4 of 5 people found the following review helpful.
Riveting, extremely hard to follow, there lies the challenge
By A Customer
A good novel that keeps your interest. Terribly factual yet absolutely incredible. Ms. Montero has managed in just a few pages to capture the essence of a certain group of Haitians, and an era not so long ago experienced. It has been said that what is happening to these amphibians is forshadowing men's ultimate demise. Let us hope that Haiti's desperate circumstances are not a sign of things to come for the entire planet. Recommended reading because you will not find this story at a theater near you. A factual accounting of the geography, mores, and human relationships in that troubled society.
2 of 2 people found the following review helpful.
Quest for a blood-red frog in Haiti
By Alfred J. Kwak
This short novel is a warm, well-researched, -written and -plotted account of the cooperation between two strangers in a hostile and depressing environment, Haiti in 1992-3. Victor is a US-based herpetologist specialized in toads and frogs, intent on solving the mystery of the decline and extinction of many species worldwide. He hopes that catching a specimen of a near-extinct, perhaps key species in Haiti will secure him a new life far away from home and put an end to his poisonous relationship with his mother and wife.
Prematurely-aged Thierry is his guide. He is a native of Haiti and has assisted a foreign herpetologist before. The book consists of 20 titled, alternating chapters written or spoken by the two, interspersed with short reports about the decline/disappearance/extinction of frogs or toad species in Switzerland, Wyoming, Costa Rica, etc. in the 1980's and 90's.
Victor and Thierry gradually tell their life stories and record their progress and setbacks while tracking down the elusive frog. Thierry tries to protect Victor without falling foul of the spiritual world in which he is deeply involved, from Haiti's violence with impunity, which led Victor's wife to warn him that Haiti is not a safe place.
Thierry wishes to die with no one bearing him ill will and to see his loved ones again in the next world. Throughout their acquaintance he is intrigued by Victor's talk of the ostriches his father farms in the US, the birds' properties (they can kill a man with one kick, their meat can feed 100 men) and wishes one for himself. Victor promises to buy him one, once they find his cherished frog. It would make Thierry's wake and burial legendary and put the spirits and the living at rest.
This is a very rich and intriguing book. Its content will never be fully understood. Nor will Haiti. Do not miss this brilliant tale.
See all 8 customer reviews...
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