When Innocence Is Not Enough: Hidden Evidence and the Failed Promise of the Brady Rule

(Hardback)

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A gripping work of narrative nonfiction, told across time, that exposes whats at stake when prosecutors conceal evidenceand what we can do about it

rule was meant to transform the U.S. justice system. In soaring language, the Supreme Court decreed in 1963 that prosecutors must share favorable evidence with the defensepart of a suite of decisions of that reform-minded era designed to promote fairness for those accused of crimes. But reality intervened. The opinion faced many challenges, ranging from poor legal reasoning and shaky precedent to its clashes with the very foundations of the American criminal legal system and some of its most powerful enforcers: prosecutors.

In this beautifully wrought work of narrative nonfiction, Thomas L. Dybdahl illustrates the promise and shortcomings of the Brady rule through deft storytelling and attention to crucial cases, including the infamous 1984 murder of Catherine Fuller in Washington, DC. This case led to eight young Black men being sent to prison for life after the prosecutor, afraid of losing the biggest case of his career, hid information that would have proven their innocence.

With a seasoned defense lawyers unsparing eye for detail, Thomas L. Dybdahl chronicles the evolution of the Brady rulefrom its unexpected birth to the series of legal decisions that left it defanged and ineffective. Yet Dybdahl shows us a path forward by highlighting promising reform efforts across the country that offer a blueprint for a legislative revival of Bradys true spirit.

Reviews

Praise for When Innocence is Not Enough:
[When Innocence Is Not Enough] illuminates a system successfully keeping secrets from itselfand a society keeping secrets from itself. . . . Lets hope Thomas Dybdahls excellent book motivates us to initiate a change to a culture of safety in criminal justice.
The Crime Report

This is a readable, frustrating, yet hopeful examination of an imperfect rule and what may come next.
Booklist

A well-researched, impactful account of the inequities in the legal justice system. Should be required reading for anyone working in the criminal justice system.
Library Journal (starred review)

A convincing argument for a judicial overhaul in support of fair trials.
Kirkus Reviews

This is a readable, frustrating, yet hopeful examination of an imperfect rule and what may come next.
Booklist

Right now, as you read this, it is almost certain that an innocent person is sitting in prison in your city or state. They are there because your local prosecutor is hiding information that, if revealed, would cast doubt on their guilt. If you doubt these words, please stop what youre doing and read this book. It will anger you, inspire you, and stir you to act.
James Forman Jr., author of Locking Up Our Own

This searing, detailed account describes how tunnel vision, incompetence, and misconduct by law enforcement have led to wrongful convictionsand how the Supreme Court has failed to keep its promise to protect the innocent under the Constitution. A mustread.
Carol S. Steiker, Henry J. Friendly Professor of Law, Harvard Law School

Knowing from my own experience how the system ignores evidence of innocence, I am so grateful for this book and the awareness it raises.
Korey Wise, justice reform advocate

Author Bio

Thomas L. Dybdahl, who has degrees in theology, journalism, and law, is a former staff attorney at the Public Defender Service for the District of Columbia, where he worked in both the trial and appellate divisions, and tried twenty-five homicide cases. The author of When Innocence Is Not Enough (The New Press), he lives in Boulder, Colorado.