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A riveting account of how the US criminal legal system punishes millions without conviction—asking us to rethink the freedoms we give up for the illusion of safety.
Every encounter with the criminal legal system, from a traffic stop to the death penalty, extracts a human cost. This cost underwrites a fragile bargain at the heart of our democracy: we give the government power in exchange for protection. But how much of our liberty are we willing to surrender for the promise of safety?
In Collateral Damage, attorneys Justin and Zach Brooks take readers on a devastating tour through the criminal legal system, exposing the real-life trade-offs of this often false promise. Blending gripping stories with legal analysis, they trace the long arc of the struggle between fear and freedom, from the Red Scare and Japanese American internment to the evolution of criminal procedure, civil forfeiture, and today’s extrajudicial killings. The result is an eye-opening account of the criminal legal system and a powerful call to rethink the balance we’ve struck.
Justin Brooks is Professor of Practice at University of San Diego School of Law, where he teaches criminal procedure, criminal law, evidence, and wrongful convictions law. From 1999 to 2023, he served as Founding Director of the California Innocence Project, which freed forty innocent people from prison under his leadership. He is also the author of You Might Go to Prison, Even Though You’re Innocent.
Zach Anthony Brooks is a trial attorney and owner of Zach Brooks Law, a firm dedicated to advancing constitutional protections through criminal defense and civil rights litigation.
“An excellent primer for any law student or layperson who wants to take a deep dive into the inner workings, flaws, and holes in our criminal justice system, from arrest to trial to whatever level of punishment the system metes out, fairly or unfairly.”—Caitlin Rother, New York Times–bestselling author
“This book is needed now more than ever. We are living in a time where the norms of due process and democracy are being eroded like no other time in modern American history. The authors are uniquely suited to tell this story. Justin Brooks is a legendary attorney and freedom fighter, who coauthors with his criminal defense attorney son Zach Brooks, who is continuing the fight with the next generation. Highly recommend.”—Mark Godsey, author of Blind Injustice: A Former Prosecutor Exposes the Psychology and Politics of Wrongful Convictions
"Justin and Zach Brooks have written the perfect book for lawyers, law students, and laypeople to learn about our criminal procedure system and how it attempts to balance privacy rights against society’s interest in security. Not only does this book provide clear descriptions of the rules governing all aspects of our criminal justice system, but it also challenges us to question whether the rules we have adopted do indeed strike the right balance in an era marked by increasing intrusions upon our rights of privacy. It is the perfect companion for any textbook on criminal procedure; more importantly, it is a well-written, accessible book for anyone interested in understanding our criminal justice system—its challenges, failures, and opportunities for reform.”—Laurie Levenson, Loyola Law School, former Assistant Chief of the Criminal Division of the United States Attorney's Office for the Central District of California
"A powerful and timely exploration of how individual rights have been compromised in the name of public safety. Justin and Zach Brooks bring to life the stories behind many of the pivotal US Supreme Court cases that have shaped our criminal legal system, often at the expense of our most vulnerable populations. This book is a valuable read for anyone seeking to understand the forces that have defined, and continue to challenge, the balance between justice, freedom, and the rule of law.”—Stacy Mallicoat, Professor of Criminal Justice, California State University, Fullerton
"Justin and Zach Brooks take a sober and serious look at the ways that the government can take your liberty. Read carefully; these guys know what they are talking about, and your freedom may depend on it.”—Jeremy DeConcini, former Special Agent, US Department of Homeland Security
"What began as a conversation between these coauthors as father and son becomes, in these pages, an invitation for all of us to join the conversation. Please join it. You will not regret it.”—Claire McGourlay, Professor, University of Manchester, UK
"A thought-provoking examination about the extent to which government powers erode liberty in the name of creating a safe society. The authors remind us that safety and liberty should not be conflicting principles and that, if managed properly, safety and liberty can be shared obligations between society and the various institutions of the state."—Louise Hewitt, Director of the Innocence Project London
“The real safeguard of democracy is education, as FDR once said, and Collateral Damage delivers a powerful and much-needed schooling for us all on the rise of police power in modern America, and the toll on life and liberty it's taking.”—Edward Humes, Pulitzer Prize–winning journalist and author of The Forever Witness: How DNA and Genealogy Solved a Cold Case Double Murder
“I learned the hard way that the justice system doesn't wait for you to be guilty, only for you to be accused. Most of us assume the legal system is something that happens to other people. Collateral Damage is the book that should change our minds. Justin and Zach Brooks walk us through it step by step—the stop, the search, the bail hearing, the plea—and show how each ‘reasonable’ trade of freedom for safety adds up to a system that can swallow anyone. Justin has spent his career walking innocent people out of prison. He knows where the trapdoors are. Read this before you find yourself standing on one.”—Amanda Knox, author of Waiting to Be Heard and Free