What do you think?
Rate this book
Barred: Why the Innocent Can't Get Out of Prison
A groundbreaking exposé of how our legal system makes it nearly impossible to overturn wrongful convictions
Thousands of innocent people are behind bars in the United States. But proving their innocence and winning their release is nearly impossible.
In Barred, legal scholar Daniel S. Medwed argues that our justice system’s stringent procedural rules are largely to blame for the ongoing punishment of the innocent. Those rules guarantee criminal defendants just one opportunity to appeal their convictions directly to a higher court. Afterward, the wrongfully convicted can pursue only a few narrow remedies. Even when there is strong evidence of a miscarriage of justice, rigid guidelines, bias, and deference toward lower courts all too often prevent exoneration.
Offering clear explanations of legal procedures alongside heart-wrenching stories of their devastating impact, Barred exposes how the system is stacked against the innocent and makes a powerful call for change.
Thousands of innocent people are behind bars in the United States. But proving their innocence and winning their release is nearly impossible.
In Barred, legal scholar Daniel S. Medwed argues that our justice system’s stringent procedural rules are largely to blame for the ongoing punishment of the innocent. Those rules guarantee criminal defendants just one opportunity to appeal their convictions directly to a higher court. Afterward, the wrongfully convicted can pursue only a few narrow remedies. Even when there is strong evidence of a miscarriage of justice, rigid guidelines, bias, and deference toward lower courts all too often prevent exoneration.
Offering clear explanations of legal procedures alongside heart-wrenching stories of their devastating impact, Barred exposes how the system is stacked against the innocent and makes a powerful call for change.
336 pages, Hardcover
First published September 20, 2022
21 people are currently reading
559 people want to read
Ratings & Reviews
Friends & Following
Create a free account to discover what your friends think of this book!
Community Reviews
Displaying 1 - 20 of 20 reviews
May 17, 2023
substantively gorgeous and procedurally meticulous…..if only the post-conviction appeal process were organized as well as this book… 😔
February 4, 2025
First book for Making an Exoneree. As is the case with the class itself, I find the disinterest in abolitionist perspectives pretty disheartening, especially given the constant identification of issues in the appellate system AND the difficulties presented by reforms. IMO it is very intellecutally lazy to toss more radical proposals to the side because they are “unrealistic”: the reason they seem so far-fetched is because people who care a lot give up before even trying to achieve radical change, and instead devote time to reformism!
With that said, I also very much agree with the idea put forward by Davis and others that ONLY advocating for abolitionism while neglecting anything that could possibly improve prison conditions or the judicial process in the short term is a pretty lame theoretical framework, even if it is more ideologically “pure.” Because of that, I still find the book and the course very interesting, especially with respect to learning how to navigate legal precedent. I think I will probably like law school a lot tbh
With that said, I also very much agree with the idea put forward by Davis and others that ONLY advocating for abolitionism while neglecting anything that could possibly improve prison conditions or the judicial process in the short term is a pretty lame theoretical framework, even if it is more ideologically “pure.” Because of that, I still find the book and the course very interesting, especially with respect to learning how to navigate legal precedent. I think I will probably like law school a lot tbh
January 3, 2026
I think this book is perfect.
I was Medwed’s student. He’s a brilliant classroom educator and equally so through writing. Law students in particular will appreciate the clarity with which he explains appellate and postconviction procedures and pinpoints the overlooked flaws that result in justice denied.
But this is a book for any reader willing to give non-fiction a chance. It’s readable, I promise. Medwed uses gripping narrative (of real people from real cases) to illustrate the ruinous effects of favoring efficiency and finality over accuracy. So come for the compelling stories of those who spent decades behind bars for crimes they didn’t commit. Stay for the impressively clear explanations of how cracks in the justice system let it happen.
In addition to well-placed anecdotes, things done well in this book include: (1) roadmapping with frequent reminders of where we’re situated in the legal system and how concepts relate to each other; (2) offering tangible opportunities for reform; (3) considering counterarguments, ultimately adding validity to Medwed’s recommendations.
I was Medwed’s student. He’s a brilliant classroom educator and equally so through writing. Law students in particular will appreciate the clarity with which he explains appellate and postconviction procedures and pinpoints the overlooked flaws that result in justice denied.
But this is a book for any reader willing to give non-fiction a chance. It’s readable, I promise. Medwed uses gripping narrative (of real people from real cases) to illustrate the ruinous effects of favoring efficiency and finality over accuracy. So come for the compelling stories of those who spent decades behind bars for crimes they didn’t commit. Stay for the impressively clear explanations of how cracks in the justice system let it happen.
In addition to well-placed anecdotes, things done well in this book include: (1) roadmapping with frequent reminders of where we’re situated in the legal system and how concepts relate to each other; (2) offering tangible opportunities for reform; (3) considering counterarguments, ultimately adding validity to Medwed’s recommendations.
Want to read
March 30, 2022Note: I accessed a digital review copy of this book from the publisher through Edelweiss.
October 20, 2023
Well written, amazing book (& I’m not just saying that because Medwed is my professor). I particularly love the story-telling, & that you can hear his voice so clearly through his writing.
May 11, 2024
Excellent book! Must read for anyone who desires an overview of how innocence claims are considered in our current system. Such thoughtful and wise recommendations for how we can improve.
February 7, 2025
Starting to think I made a mistake going to law school. Also, behind every good lawyer is most definitely a therapist because … dear lord.
November 17, 2022
Barred is an informative book that reviews problems with the United States' judicial system, especially pertaining to questions of innocence. I enjoyed learning about some of the history of where certain practices and terms originated. The book goes through numerous cases where individuals have been wrongly accused and how the legal system has managed these cases. I appreciate the United States legal system though understand changes must be made to protect innocent people and bring to justice those who have committed crimes.
March 27, 2023
This is a compelling, stomach-churning analysis of how the US legal system fails innocent people. You will be wringing your hands in horror and shame over legal procedures.
Why?
"The system values finality and efficiency over accuracy, the certainty generated by a fixed end point achieved rapidly over the ambiguity of robust procedures to look at cases anew."
The resulting arguments are a must-read set of examples that demonstrate how fragile freedom on the United States is now and suggestions to make it achievable.
Why?
"The system values finality and efficiency over accuracy, the certainty generated by a fixed end point achieved rapidly over the ambiguity of robust procedures to look at cases anew."
The resulting arguments are a must-read set of examples that demonstrate how fragile freedom on the United States is now and suggestions to make it achievable.
January 10, 2023
Medwed, with stories, wisdom, and self-deprecating humor, walk us through one of the most disturbing parts of our criminal legal system: wrongful convictions. His book is an easy read about a difficult topic, and I flew through the pages. Medwed walks us through how wrongful convictions happen at every step in the process, and empowers us to change the procedure of the system itself. We need more books like Barred, and more authors like Medwed.
November 8, 2022
Eye-opening for a non-lawyer. Author breaks down the break downs in the legal system re: proving innocence after sentencing. Spoiler: it’s all about procedure. Spoiler: innocent people are convicted. Spoiler: even if DNA evidence is available, there may not be a “procedure” to test it. Spoiler: innocent people are put to death. Author also puts forth some fixes, so maybe there is some hope.
August 26, 2024
I will never forget this book. Honestly, it's a tough read; coming to terms with our justice system and its many pitfalls is a hard thing to read about, but I'm so glad I did. Daniel S. Medwed is clearly someone with a heart for the incarcerated. I can't tell you how many pages I took a quick pic of, just so I could remember or research. Waaaaaay more people need to get their hands on this book.
Read
October 3, 2023A bit shocked this book isn't more popular given the tragedy of the subject, but it is dense and meticulously crafted. I learned a lot, got very sad, thought about going to law school, then got very sad again.
June 15, 2024
Medwed offers not only criticism of America’s criminal judicial system but practical recommendations prosecutors, defenders, and judges alike can implement to address shortcomings in achieving accurate convictions and preventing wrongful convictions. Well organized, damning, and inspiring.
June 9, 2023
Def worth a read. Written for non lawyers but still informative for lawyers
April 7, 2024
Persuasive and very readable. Struck a good balance of being written for a general audience while also being informative for a law student such as myself.
May 11, 2024
I’ve read a few books about the wrongly convicted, and this book was a great addition. It had lots of case histories that made it a dramatic (and infuriating) read, but the best thing is that it gave legal context to all of it. Each section was about a different part of the legal process. It was detailed but easy enough for me, a non lawyer, to understand.
June 27, 2024
Very difficult to read, took me absolutely ages because I kept reading other books instead
December 26, 2024
A good lawyer needs to be able to explain a pretty hard narrative and concept to 12 jackasses that couldn’t get out of jury duty. Medwed’s a good lawyer and an engaging writer. He keeps your attention by being very matter of fact on the narrative stories and explaining why he supports the policy changes he does.
That last part is really where Barred falls apart. There’s about 2-4 stories too many — not saying those stories aren’t important in a physical world sense — it’s just a lot of redundancy. There’s several policy proposals that would perpetuate growing budgets of the organization oppressing folks like the wrongfully convicted. Medwed looks at Mariame Kaba’s rule on whether or not a reform would move people forward: “does this give more money and resources to the institution doing the oppression?” and says yes but believes in that yes dag nabbit. It’s just short sighted.
Read if you’re vaguely interested in the topic, but wouldn’t call it essential by any stretch of the imagination.
That last part is really where Barred falls apart. There’s about 2-4 stories too many — not saying those stories aren’t important in a physical world sense — it’s just a lot of redundancy. There’s several policy proposals that would perpetuate growing budgets of the organization oppressing folks like the wrongfully convicted. Medwed looks at Mariame Kaba’s rule on whether or not a reform would move people forward: “does this give more money and resources to the institution doing the oppression?” and says yes but believes in that yes dag nabbit. It’s just short sighted.
Read if you’re vaguely interested in the topic, but wouldn’t call it essential by any stretch of the imagination.
April 2, 2025
Professor Medwed is the coolest!! Great read!
Displaying 1 - 20 of 20 reviews