Book Review: Habeas for the Twenty-First Century: Uses, Abuses, and the Future of the Great Writ

• Author: Tamfuh Y. N. Wilson
• Date: 01 June 2012
• Published date: 01 June 2012
• DOI: 10.1177/0734016811434530
• Subject Matter: Book Reviews

the Supreme Court. Gillispie highlights the power of flawed eyewitness testimony and professional

misconduct in producing a conviction without evidence. This case exposes an inherent problem in

the Brady violation, a presumed evidentiary safeguard. Petro’s work in developing legislative initia-

tives with the Innocence Project additionally reinforces the bipartisan nature of challenging horrific

justice system errors.

The eight myths, mentioned in the prologue, are fully revealed in Part IV, which briefly examines

and dispels these misconceptions. They are: all incarcerated offenders claim innocence; innocent

people are rarely convicted; only guilty individuals confess; human mistakes produce wrongful con-

victions; eyewitness testimony is invaluable evidence; the appeals process corrects errors; contesting

convictions dishonors crime victims; and the self-correcting nature of the justice system. Each mis-

conception is countered with the reality, a succinct ‘‘takeaway’’ to stimulate clear thinking. The

authors assert that reforms are contingent on changes in what people understand about the justice

system, yet contemporary justice is impeded by inaccurate beliefs that collectively obscure systemic

problems. In short, while the justice system is imperfect, enhanced knowledge and a commitment to

truth can impel policy reform.

The ultimate goal of False Justice is ambitious, requiring multifaceted strategies by motivated

citizens, scholars, enlightened criminal justice professionals and policy makers, and the media. The

diversity of these stakeholders makes the use of case studies and personal experience a persuasive

and appropriate method for delivering the message, particularly to the public. However, penetrating

the entrenched perspectives of informed criminal justice professionals would warrant more exten-

sive synthesis of existing social science evidence to communicate the challenging notion that the

system does not universally dispense justice.

The engaging narrative sometimes meanders. Finally, the myths’ placement at the book’s conclu-

sion conveys the impression that they are a postscript and not the work’s centerpiece. Overall, False

Justice offers a unique view of the fallibility of American criminal justice that results in the inde-

fensible imprisonment of men and women who have committed no crime.

Hoffmann, J. L. and King, N. J.

Habeas for the Twenty-First Century: Uses, Abuses, and the Future of the Great Writ Chicago, IL:

University of Chicago Press, 2011. xi, 255 pp. $45.00. ISBN 9780226436975

Reviewed by: Tamfuh Y. N. Wilson, University of Buea, South West Province, Cameroon

DOI: 10.1177/0734016811434530

The book under review contains an introduction, 10 chapters, endnotes, and an index. The citation

system is beautifully done to avoid cumbersome references within the text that could distract a care-

ful reader. Thus, case law references are all indicated at the endnotes. To this reviewer, the book is a

timely work with practical solutions to enable the U.S. judicial and political system correct errors at

the level of habeas and improve on its human rights plan in relation to arrests, detention and adju-

dication, especially of terrorists.

The arrangement of each chapter facilitates a chronological appraisal of the developments that

the Great Writ has gone through. After a clear introduction, the meaning of habeas, its history in the

state courts and its future within the state and federal courts is predicted. The authors understand

clearly what the writ would be in the next 5–10 years, and their forecast is combined with a call for

urgent and significant reforms lest its use become not only an instrument of dictatorship but also a

principle that gradually loses its color, greatness, and relevance in the American society.

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