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Injustice: Life and Death in the Courtrooms of America

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A man wrongly condemned to death for murder, a crusading lawyer determined to free him, an investigation that reveals corruption at every turn. This remarkable book reads like a page-turning detective story, with one crucial difference: can we be sure that justice wll be served at the end?

In 1986, Kris Maharaj, a British businesman living in Miami, was arrested for the brutal murder of two ex-business associates. His lawyer did not present a strong alibi; Kris was found guilty and sentenced to death in the electric chair.

It wasn't until a young lawyer working for nothing, Clive Stafford Smith, took on his case that strong evidence began to emerge that the state of Florida had got the wrong man. So far, so good - except that, as Stafford Smith argues here so compellingly, the American justice system is actually designed to ignore innocence. Twenty-six years later, Maharaj is still in jail.

Step by step, Stafford Smith untangles the Maharaj case and the system that makes disasters like this inveitable. His conclusions will act as a wake-up call for those who condone legislaion which threatens basic human rights and, at the same time, the personal story he tells demonstrates that determination can challenge the institutions that surreptitously threaten our freedom.

389 pages, Hardcover

First published January 1, 2012

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374 people want to read

About the author

Clive Stafford Smith

17 books29 followers
Clive Stafford Smith OBE is a British, formerly US-based lawyer specializing in civil rights and the death penalty in the United States. He is also the founder and Director of Reprieve, a human rights not-for-profit organization. To date, Clive has helped secure the release of 65 prisoners from Guantánamo Bay (including every British prisoner) and still acts for 15 more. More recently, Clive has turned a strategic eye to the other secret detention sites, including Bagram in Afghanistan and the British island of Diego Garcia. In 2000 he was awarded an OBE for ‘humanitarian services’, and has since received numerous honours and awards. His book BAD MEN: Guantanamo Bay and the Secret Prisons was published by Phoenix in 2008.

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Displaying 1 - 29 of 29 reviews
Profile Image for Tim Vicary.
Author 89 books420 followers
July 24, 2012
This is a wonderful, shocking, compelling book. I have read many legal thrillers, including those by John Grisham (who endorses this book) but it is one thing to read about injustice, legal corruption and police incompetence in a fictional setting, and quite another to see it ruthlessly, thoroughly exposed, in a real case which has led to the British defendant, Kris Maharaj, spending 26 years of his life in an American prison, much of it under the threat of the electric chair; and all of this for a crime which, as the author explains in compelling detail, he almost certainly did not commit. 'Almost certainly' is a feeble phrase, but I use it to point out that at the very least there is reasonable doubt here, and that in itself should have been more than enough to set this man free a quarter of a century ago. Any reasonable system would have done just that.

But as the author explains, in well researched, shocking detail, the American legal system just doesn't work that way. Take just one appalling detail among hundreds: when an appeal is finally arranged before a new jury, that jury is forbidden to hear any suggestions that the man making the appeal might possibly be innocent. That's right - the word 'innocent' cannot be used in court! So when a British MP, Peter Bottomley, tells the jury 'This is a miscarriage of justice' his video link is cut off and the defence lawyer threatened with jail!

What has that got to do with justice? Exactly. That is the question that comes up again and again, throughout this terrible story. As I was reading, I often laughed out loud, not because what I read was funny in an amusing way, but because it was totally absurd, unbelievable, like a tale from Alice in Wonderland or a justice system designed by Franz Kafka. All the way through I kept thinking, 'this is absurd, it's terrible, it can't possibly get any worse'. But it does. Why? Because every absurdity, every injustice, has its own logic, its own level of humanity. There are very few really evil people in this story; just a system that with a maze of rules which, as everyone follows them, leads to a result that it totally inhumane.

And Clive Stafford Smith, who has spent much of his life working for pitifully small rewards for clients on Death Row, describes exactly how and why all this happens. He is like the little guy in John Grisham's stories - the lawyer who cares more about justice than money - but Stafford Smith, and few others like him, are actually real, thank goodness. God send me a lawyer who cares, if I ever get into trouble.

It would be nice to think things are better in Britain; and certainly some things are different. We don't have the death penalty, or judges and prosecutors who stand for election, campaigning on how harsh they can be. But we've had our own scandals: the Birmingham Six, the Guildford Four; the strange business (also involving Stafford Smith) of the courts and Binyam Mohammed.

And on a smaller scale, this book reminded me of another British case, less well known, not quite so cruel or nearly lethal as the injustice suffered by Kris Maharaj, but still similar in the sense of an innocent man trapped in a legal spider's web which he cannot resist or escape: the case of of John Bartlett, well described in his book Chequered Justice. Here too I kept thinking: 'this can't really happen, can't get any worse.' But it does.

Read Clive Stafford Smith's book, 'superbly written' as John Grisham says, and then, for a comparison, read John Bartlett's book too. Both endorsed by Michael Mansfield QC.
Profile Image for Stephen Goldenberg.
Author 3 books51 followers
April 6, 2016
A damning indictment of the American legal system. It's full of facts and examples of the way the system works (or mostly doesn't) all woven around the detailed history of one of Stafford Smith's clients on death row. All the other cases he quotes are fascinating, if also rather depressing. It makes you wonder how he could have carried on with this largely unpaid work for so many years.
One fascinating/depressing fact - inmates on death row are not allowed cigarettes on the grounds of health and safety!
20 reviews1 follower
July 28, 2014
An innocent man spends over a quarter century in prison for a crime he did not commit. How does he not lose faith? This story is so awful and I cannot comprehend how there are so many selfish, lying people in this world. Kris Maharaj will likely die in prison, but his lawyer, Clive Stafford Smith still works on the case after all these years; and his wife has never stopped standing by her husband. Injustice is unfair. Love is life.
2 reviews
February 4, 2013
I am a defence lawyer. Mr Stafford Smith has always been a hero as far as I'm concerned. This book helps to show why.
Profile Image for Aksor Naem.
17 reviews
June 18, 2017
A brilliant criticism of the American legal system and the death penalty.

For the most part the US legal system refuses to account for any of their mistakes or short-commings. As a result it is possible for an innocent man-Kris Maharaj- to become convicted. The legal system is more concerned with making a convinciton, than making a correct conviction . The book highlights some archaic aspects of the law. It's quite shocking how evidence is not admissible in court due to artbritary rulings on when it can be handed or discussed. Also the book discusses how the less money you have the more likely you are to be convicted (mostly because of an attory's incompetence). The government spends much more for the prosecution than for defence lawyers. This creates an unbalanced court situation with one side being better equipped. Additionally the book highlights how there is not enough scrutiny of the police, which makes it more relevant than ever due to current events and the Black Lives Matter movement . Overall it discusses many important flaws of the law in the USA. This was a thought provoking read. Read if you want more details of the errors of convictions, the US legal system or the death penalty in general.
103 reviews
February 20, 2022
Wow, what an amazing story! Gripped from the first page to the last. If I had not known from the start this is a true story I would nave thought it was an elaborate Hollywood script and with that knowledge, it is even more horrendous to know this is one man's life experience. Whether you agree with the death penalty or not this book is a must read for anyone.
12 reviews
May 13, 2018
Goed geschreven en een prachtig boek over misstanden in de Amerikaanse rechtspraak.
Stap voor stap wordt je meegenomen in het verhaal. Schokkend!!
Een echte aanrader!! Boek laat een diepe indruk achter en laat je niet snel los.
Profile Image for Daisy Ware-jarrett.
2 reviews1 follower
September 17, 2020
PHENOMENAL! Clive Stafford Smith is a wonderful lawyer and writer. The stories in this book will open your eyes to massive failings in the justice systems. And a huge chunk of the book (nearly one third) is for notes and references.
Profile Image for Amicus (David Barnett).
145 reviews8 followers
September 9, 2018
Reading this book is a harrowing experience. Unless the author is totally mistaken, a horrible injustice has been visited on an innocent man and there is still no prospect of restitution.
Profile Image for Sharon Burgin.
205 reviews7 followers
October 14, 2012
This is a large book and as I started reading it I thought it was going to be 370 pages of court transcripts and examination of the facts, so after 10 pages I put it down. However I had promised to Read and Review this book so I picked it up again to give it another try and I am glad that I did.

The start of the book is the transcript of Kris’s (the convicted killer) court case. It was obvious that Kris was guilty, so what was the fuss all about? Further reading went to show how wrong you can be. By the end of the book you are tearing your hair out, willing someone, somewhere to come to their senses and free Kris before either he, or his devoted wife, Marita, dies of natural causes.

This is a very well-written book. Even though he is a lawyer, Clive Stafford Smith does not write in lawyer’s jargon. He uses plain English. In fact he does pass comment on some of the terminology that lawyers use and how they don’t always agree on what it means!

It is a brilliant examination of the American legal system. Although the book is based on Kris Maharaj’s case, Clive does discuss other cases to highlight various arguments. At no time does he wander off the point. The book is divided into very clear sections: the Prosecutor; the Police; the Defence Lawyer; the Appeal Court etc. In each he looks at the case and where it failed. He also highlights where the American legal system is flawed in all of these areas as well.

Reading the book and seeing how unsound American justice appears to be, you wonder why anyone misbehaves in America as there is no guarantee that they would get a fair trial. Then you read on and realise being innocent of any crime doesn’t protect you! There is no guarantee that even if you can prove that you are innocent that you will be released.

So don’t go to the USA? The UK justice system is also reviewed and it doesn’t fair much better.

Well put together, this book contains many anecdotes. Several of them are witty, which helps relieve the tension, because if you don't smile you're definitely going to cry!

Any fan of John Grisham will love this. But remember, this is real-life!
Profile Image for The Bookish Wombat.
784 reviews14 followers
November 4, 2012
British businessman Kris Maharaj was convicted of a double murder in Florida in the late 1980s and sentenced to death. Many (if not most) people would feel that in this kind of case there's no smoke without fire and that there must be something to the charges. After all, innocent men aren't sentenced to death, are they?

This shocking and fascinating book puts paid to the myth of the fairness of the US judicial system, by again and again pointing out the overwhelming evidence that Mr Maharaj is innocent. Evidence that was deliberately suppressed during his original trial and which, for complicated and ridiculous legal reasons, could not be presented later. He has been imprisoned for 26 years for crimes he did not commit,though his sentence has been commuted to life.

Clive Stafford Smith, who took on Mr Maharaj's case pro bono after the original trial, sets out why the original trial went so wrong and all the absurd twists and turns of a legal system that he says is designed to ignore innocence.

The portrait he paints of the Americal legal system is shocking and darkly comic - some of the judgements along the way have been worthy of Alice in Wonderland. He speaks powerfully on behalf of those done down by a system organised and run by the wealthly and powerful, and points out the need for radical reform.

The plight of Mr Maharaj and his wife Marita is described in a matter-of-fact and non-sensational way, which only makes it all the more moving. The overwhelming feeling while reading the book is one of frustration, not only for the Maharajs but also for all those who have been falsely imprisoned and/or executed for crimes of which they were innocent.

This is very powerful and humane book, written by a caring and committed lawyer, which hopefully might change the views of those who think that those convicted must always necessarily be guilty.
Profile Image for Gem.
327 reviews4 followers
July 26, 2017
Previous to reading this book, my opinions and thoughts on the death penalty were almost non-existent. I’ll admit this; it had no relevance to my life so much as it does not occur in this country and I was ignorant to the process and so didn’t feel the need to contemplate it much.

My thoughts simply went this far; I have always believed that it is not only criminals that make unforgivable mistakes – but that those prosecuting are also only human; there should be no life or death decision made where human error could always be an incriminating factor. This belief, however, would never move me to the point of action.

Injustice has strengthened my opposition of the death penalty, and particularly the belief that everybody deserves a free trial. The amount of corruption uncovered by Stafford Smith and his team is absolutely shocking. In addition, he has also highlighted points (such as the potential failures of forensic evidence, the positive effects of some victim mediation processes etc) that I previously had been ignorant of.

Prosecutors don’t prosecute prosecutors for sending an innocent person to prison. – p105

And the relevance of this activity to our own justice systems in Britain is also worrying – reading about Kris’ case has moved me to support reprieve.org.uk myself. I believe that everybody has the right to a fair trial, particularly where capital punishment is involved.
A deeply harrowing read, shocking and compelling; well worth a few hours of your time.
Profile Image for Brian Capaloff.
8 reviews
August 20, 2012


That someone can spend so many years in prison, a large number of these on Death Row awaiting a date for that appointment with your legal murderer, when the evidence against you is so incredibly thin is beyond belief. That that person is still in prison, but thankfully no longer on Death Row is equally unbelievable, but Injustice exposes a legal system in which people are bred to be blinded by their knee-jerk acceptance of guilt and cannot see evidence of doubt if it were to approach them in a juggernaut with Not Guilty painted in 10 foot letters on both sides. Clive Stafford Smith is an incredibly interesting speaker and equally interesting writer, and this book has you gripped in the incredulity that the case described is real and the victim of injustice is still incarcerated.
Profile Image for Victoria .
88 reviews9 followers
October 29, 2013
i have worked on death penalty cases for several years, but this book highlighted several aspects of the US Justice system that I wasn't aware of. The book examines the US system and demonstrates the need for reform due to the politicisation of justice over the last few decades. Using the example of one case, that of wrongly accused Kris Maharaj, the book demonstrates how he has been systematically failed, suffering one miscarriage of justice after another (the extent of which is frightening and heartbreaking in equal measure).

It also highlights the incredible work of Reprieve, unique in seeking to defend those on death row or those who are victims of counter terrorism policies, bridging the gap created through lack of legal aid, replacing what should be an essential human right. Until that happens, it has motivated me to donate to them.
14 reviews
May 28, 2024
Autobiographie, Lehrbuch und Roman - vieles ist in diesem Buch vereint. Clive Stafford Smith erzählt nicht nur die Geschichte von Kris Maharaj, sondern auch die von vielen anderen Gefangenen im Todestrakt amerikanischer Gefängnisse. Anhand von Fallbeispielen untersucht er das amerikanische Rechtssystem und zeigt auf, wo genau in diesem die Fehler liegen. Man wird emotional mitgerissen und fiebert mit Kris Maharaj mit, dessen Schicksal umso tragischer erscheint weil es einem echten Menschen widerfahren ist.
488 reviews1 follower
January 29, 2016
Fascinerend boek over het juridische systeem in Amerika. Als tegenstander van de doodstraf natuurlijk koren op mijn molen, maar vooral ook leerzaam om te zien hoe de schrijver (die vele terdoodveroordeelden pro deo heeft verdedigd) niet de schuld legt bij een ogenschijnlijk incompetente verdediger, rechter of jury, maar volledig bij het systeem. En dat ook nog eens met heldere argumenten onderbouwt.
Profile Image for Luke.
457 reviews
December 13, 2013
Loved this book! I was always interested in the American Justice System, especially since I started writing my penpal on death row. In my opinion, this book very accurately explained all the faults in the system but also learned me a lot about stuff that is normally reserved for the court room only. Another plus is that it reads like a Thriller, making it easy and interesting to read.
Profile Image for Sian Wilson.
58 reviews
January 31, 2023
Harrowing to learn of Kris’ story, and thoughtful insight into the dynamics of the American courts…

Conventional wisdom makes us think that the victim is the one afflicted by the crime itself. This book highlights that the victims of the criminal justice system are also the people on trial in the courtroom.
Profile Image for Xroldx.
977 reviews8 followers
April 11, 2015
Een van de bewijzen dat de realiteit soms nog ongelovelijker is dan fictie. Dit boek over het Amerikaanse rechtssysteem leest als een thriller maar is gebaseerd op een echte moordzaak waarin van alles is misgegaan.
Profile Image for James Calow.
11 reviews
September 13, 2012
Brilliant book and a very frustrating turn of events. I loved the chapter based on the court transcript, as I read it I thought this guy is so guilty- how wrong I may be....
30 reviews1 follower
October 18, 2012
Some parts inspiring but mostly horrifying. A compelling account of injustice and lives squandered in a judicial system that serves to protect itself over the innocent.
Profile Image for Geoff Peters.
12 reviews
January 8, 2013
This is terrifyingly insightful. If you have any opinion on capital punishment, read this. It's clearly written, well edited and compelling.

A must read. Simply a must read.
1 review
June 29, 2013
Fantastic eye-opening book, written by a man who is passionate about justice. Well worth the read.
80 reviews7 followers
June 6, 2014
Shocking expose. Hope you don't get nicked for a crime you didn't commit because believing that your innocence will be proved and justice carried out is very naive.
103 reviews
November 6, 2015
Mooi en leerrijk boek, geschreven door een zeer intelligent man.

Jammer dat de Nederlandse vertaling zo slecht is.
Profile Image for Lee Osborne.
384 reviews6 followers
October 22, 2017
I've seen Clive Stafford Smith speak twice, and when I saw this book I was very keen to read it - he's passionate about justice and has taken on some of the most thankless and unpopular cases you'll find anywhere, including British men being held in Guantanamo Bay.

This is the story of a British man, Kris Maharaj, who was arrested and sentenced to death for the murder of a father and son in a Miami hotel room in 1986. It's pretty much impossible that he did it, but - to put it mildly - the poor guy was royally stitched up by a corrupt justice system that is more concerned with revenge than actually making sure the result is right.

The author describes his long fight to get the poor guy released. He's tried everything, and unfortunately he's still in prison. Sadly the book is not a success story, but a shocking tale of one horrendous injustice after another. It's extremely moving and very sad, but if it doesn't make you angry, there's something wrong with you.

Hugely comprehensive and full of notes, it's a must-read for anyone with an interest in crime and justice. Compelling and a call to action.
Displaying 1 - 29 of 29 reviews