Ireland's history is a violent one and, as Fulbright Fellow Carol Daugherty Rasnic shows in this book's first chapter, this is not only true for the 20th century but dates back at least to the island's 1169 Norman conquest – and actually, even further, as the Viking invasion of the 8th, 9th and 10th centuries consisted of a series of rather aggressive campaigns as well. The difference, however, was that despite these bloody beginnings the Viking colonists were eventually absorbed into Irish culture and daily life; contributing thereto rather than continuing their attempts at its suppression. Conversely, throughout much of Ireland's subsequent history, suppression was the preferred method of government of both the Normans and their British descendants; who brought in English settlers not to cultivate the island together with their Irish neighbors but to drive those out, thus sowing the seeds of the hatred still plaguing its society today, and no more so than in the six provinces still constituting British-controlled Northern Ireland, after the ill-famed 1920 Partition which eventually brought independence to the island's southern part.
Inseparably linked to nationality was, particularly from the times of Henry VIII on, the issue of religion; the English settlers being Protestants belonging to the Church of England/Ireland, while the vast majority of the Irish hung on to their Catholic faith; thus suffering discrimination not only on the basis of their nationality but also that of their religious beliefs. Tracing the multiple facets of today's division to their historic origins, Professor Rasnic shows how the identification as "Catholic" and "Protestant" has long come to exceed a mere religious denomination, mixing with everything from a person's stance towards the British administration of Northern Ireland to his or her national/ethnic origin, area of residence and social environment; to the point that the religious label is used even by those who have little to no spiritual connection to the church whose faith they claim as their own.
In the eight chapters following the book's initial historic overview, the author takes an in-depth look at the major issues dominating contemporary Northern Ireland life and politics, from ethnic strife and the (particularly: "Orange," i.e. unionist) parades, apt to newly ignite the fires of hatred every summer, to issues of governance, the release of prisoners convicted of terrorist acts, "decommissioning" (i.e., disarmament of the paramilitary groups active on both sides of the conflict), the position of the police and the administration of (criminal) justice, human rights and instances of persisting discrimination, and finally, the sectarianism in the province's schools, threatening to perpetuate the existing divide for a long time to come. Particular emphasis is given to the terms and effects of the so-called Good Friday Agreement, the April 10, 1998 agreement between Northern Ireland's major political parties and the governments of Ireland and Great Britain designed to bring an end to the province's "Troubles."
Although the book is subtitled "An American Legal Perspective," this is by no means the work of an outsider: Professor Daugherty Rasnic herself is the daughter of Irish immigrants on both parents' sides, and prolonged stays in both Northern Ireland and the Republic of Ireland have intimately acquainted her with an island which, quite obviously, is not merely her ancestors' home but an inseparable part of her own identity as well. A lawyer by training, she moreover brings to the subject the analytical skills necessary to digest problems as intricate as those ravaging the province of Northern Ireland; and her interest in and experience with the American civil rights movement provides for a truly unique perspective, enabling her to not only put the Northern Irish situation into a larger European context but also draw comparisons to similar issues of racial strife and discrimination in the U.S.
Aware that the issues she addresses – particularly with regard to the legal aspects of the Good Friday Agreement – may well have the effect of a strong barbiturate on her non-lawyer readership, the author apologizes for having to address matters which "only a constitutional [law] purist could love." Quite unnecessarily so, however, as she does a marvelous job in explaining a set of highly complex questions of constitutional and international law which, I am sure, are confusing to many lawyers as well. Moreover, Professor Rasnic's manifold comments, anecdotes relating to her own experience and sections entitled "A Personal Perspective" provide a truly personal tone; while scholarly in its overall approach to the subject and dedication to detail, the book nevertheless reads more like a conversation with the author, reflecting much of her doubtlessly vivacious nature, passion, empathy and sense of humor – humor even in the face of adversity proving her yet again, as cliché (and maybe not just that) would have it, a true daughter of Irish parents.
In addition to all its other merits, this book also benefits from its author's easy access to over twenty principals and other individuals involved in the Northern Irish peace process, from then-First Minister David Trimble and Police Chief Constable Ronnie Flanagan to Northern Ireland Assembly members of virtually all political colors (with the notable exception of the Rev. Ian Paisley, whose camp seems to have been the only one to adopt an obstructionist attitude), judges, attorneys, clergymen, social workers and professors at various universities; all of who add their own insight and perspective on the "Troubles," and whose comments are faithfully reported; in many instances verbatim.
Professor Daugherty Rasnic concludes her analysis with the words of Irish poet William Butler Yeats: "I have spread my dreams under your feet. Tread softly because you tread on my dreams." Like the great poet's words, her book expresses the hope that, one day, Northern Ireland may find a lasting way out of its "Troubles" (and no doubt, she is watching the province's recent political developments with a certain sense of trepidation). With this book, she has made a contribution of her own to the search for such a path – and I have a feeling that it will not have been the only one.
Carol Rasnic's profile at Virginia Commonwealth University
Themis-Athena's select annotated bibliography of nonfiction books and memoirs
1998: General Non-Fiction – "Guns, Germs and Steel"
"Genius Award"
1998
It was Jared Diamond's answer to the last question of a recent presentation of "Collapse" at Frankfurt University's Museum of Natural Sciences. Given the comparative shortness of human existence in our planet's entire history, what does it matter, someone asked, "if in 20,000 years or so we do exterminate ourselves, and another species takes over. It's happened to the dinosaurs and the mammoths ... why should we be any different?" My own thoughts had run along similar lines earlier that evening: surrounded by skeletons of species extinct for 100,000s of years, I had recalled a recent visit to a historic museum chronicling social development in a part of Germany – and I, too, had reflected on the rocket speed that had brought us from the Stone Age to the 21st century, and I had wondered, "what if?"
Yet, even knowing the book presented that evening and its author, his answer came as a clarion call. "I don't think we have another 20,000 years," Jared Diamond said in his impeccable German and with the same unassuming, polite composure with which he had answered all preceding questions. And he added: "I think it's closer to fifteen years."
Fifteen – not fifteen thousand or even just fifteen hundred. In the grand scheme of cosmological development, that's less than a millisecond.
And this is precisely why "Collapse" is so important. For much more than exploring select past societies' failures (primarily those of pre-European Easter Island, the Anasazi, Maya and Vikings), which it contrasts with select success stories (New Guinea, Japan), it actually asks what we, living today, have to learn from the past in order to avoid the fatal mistakes of those unable to secure their own survival; a question highlighted even by the book's very first chapter, which examines no past society at all but modern-day Montana: serene, sparesly-populated, big-skied, mountain-river-and-valley-graced Montana, which both geographically and figuratively seems leagues away from the problems associated with modern metropoles like New York and Los Angeles (or isolated Polynesian Easter Island, for that matter), and whose social, political and ecological landscape is nevertheless every bit as fragile as theirs. Indeed, for us today the issue is no longer a mere matter of one society's (or species's) extinction in favor of another. For us, Jared Diamond emphasizes, the issue is that of our planet's survival as such. In this, our situation actually does very much resemble that of the Easter Island's inhabitants, who had nowhere to go after depriving themselves of their natural resources by reckless logging and their island's resulting desertification, and who were ultimately driven into cannibalism. Like their island to them, our earth to us is the only inhabitable world ... in our own solar system (tried to settle on Mars or Venus lately?) and probably also beyond: for all we know, those far-away galaxies of "Star Trek," "Star Wars" and Discworld belong to the world of science fiction only; "fiction" being the operative word.
Bearing this in mind, the subtitle of "Collapse" is as important, and even more telling than the book's title itself: "How Societies Choose to Fail or Succeed." It indicates that: (1) failure, even under adverse conditions, is not a necessity; and (2) whether (or how well) a society survives depends crucially on its values and goals, and the choices resulting therefrom, both collectively and individually. And of all the factors that Jared Diamond highlights as impacting a society's survival – environmental changes, changes and conflicts of interest within that society, changes in neighboring societies and in the two societies' relationships, technological advances, and the inability, unwillingness or other failure to anticipate or acknowledge the impact of choices made – it seems to me that this last point, the question how we play the hand we've dealt ourselves by our past and present choices, will ultimately prove decisive. The author himself likes to say he is "cautiously optimistic" in this regard, pointing to his eighteen-year-old twins, who have practically their entire life yet to live. I hope, however, that his answer will also prove justified by the growing respect he enjoys in public opinion and with national and international decisionmakers.
So does he have all the answers? No – and he himself would probably be the first to emphasize that he actually has more questions than answers (only coming from him, it wouldn't sound like a cliche). Is "Collapse" argued less stringently than, say, his Pulitzer-Prize-winning "Guns, Germs and Steel"? Personally I don't think so, but I'm admittedly biased. What's the use of "popular science writing" anyway – why doesn't he, like any other good scientist, seek peer review and a discussion with his colleagues? Well, I believe that he does enjoy a spirited scientific debate and welcomes comments that force him to put his own theories to the test. Yet, it only takes one look at the broad space that pseudo-arguments like those he refutes as "one-line objections" at the end of "Collapse" still occupy in the public debate ("The environment must be balanced against the economy," "Technology will save us," "This is just another end-of-the-world-prophecy like the many that have already proved false in the past," "Environmental concerns are a first-world luxury," and of course the ubiquitous, "Why shoud I care anyway?") to realize this book's necessity. This is also why I have decided to set aside my reluctance to review any of his books; although personal acquaintance and unconditional respect render me patently incapable of objectivity, and a review like this might be construed as an exercise in flaunting an association with an internationally renowned scientist and award-winning author (even worse, one occasioned not by any achievement of my own but by mere coincidence). But "Collapse" concerns us all – it's as simple as that.
In signing my copy, Jared referenced the aforementioned never close, but long-lasting acquaintance: "to 2005 – – –." Both on a personal and a global level, I hope those three dashes stand for much, much more than fifteen years.
Jared Diamond's profile at the University of California, Los Angeles (UCLA) Department of Geography
Jared Diamond's profile at the University of California, Los Angeles (UCLA) School of Medicine
Themis-Athena's select annotated bibliography of nonfiction books and memoirs
1989: Specialized Reporting – For Humes's in-depth reporting on the military establishment in Southern California.
"Mississippi Mud" is, as author Edward Humes's introductory words explain, the name of that particular kind of poker where the cards themselves become irrelevant and the only thing that really counts is the ability to bluff and betray. It is also the name of a sweet, rich pie made from chocolate, eggs, sugar, vanilla and corn syrup (and according to some recipes, vanilla ice cream and/or whipped cream). In this book, "Mississippi Mud" is Humes's term of reference for the loosely organized group of people otherwise known as the "Dixie Mafia," whose members not so long ago used to leave traces of their unsavory plots all over the "Old South," from Louisiana to Texas and beyond. And one day in September 1987, their activities hit home in the Gulf Coast resort city of Biloxi, Mississippi.
Not that this should necessarily have come as a complete surprise, you will say, if you've heard the gossip about the city's one-time notoriety, if you know some of the historic facts that have contributed to those rumors (such as early 18th century con artist John Law's get-rich-quick scheme which crushed the hopes of thousands of European settlers, or the exploits of James Copeland, arguably the "Dixie Mafia"'s 19th century forefather), or if you have made it all the way through this book's first third to read Humes's account of Biloxi's past. And of course, from New York to Atlantic City, Chicago, Las Vegas, Palermo, Corleone, Moscow, Hong Kong and Macau, there are plenty of cities large and small all over the world that have at one time or another seen their share of mafia, mob and triad activity; and gambling, illegal liquor and sex schemes often, although not necessarily, have something to do with it. More than once, those who have made it their business to rake out the mud get bogged down by it and die, instead of bringing the perpetrators to justice thus adding to the list of casualties in the seemingly never ending war against organized crime. And all too often the culprits get away with murder: literally so.
Well, not here, however, and that is the difference in this story – or one of them, anyway. Granted, the "Dixie Mafia" may not have been as intricately organized as the Chinese triads, any of their Italian and Russian counterparts or the organizations run by the likes of Al Capone, Benjamin "Bugsy" Siegel, Salvatore "Lucky" Luciano and John Gotti; but Humes's account of a city government and a police force partly unwilling and partly too incompetent to mount a proper investigation into the murder of an outspoken critic of official corruption and of her husband, a prominent judge, sounds eerily familiar; and so does the involvement of a contender for public office with a group of notorious criminals running a scam out of a supposedly high security prison, with little to no interference from prison officials, and with a shadowy organizer pulling his strings in the background. The odds of successfully pitting a sole determined woman – the victims' eldest daughter – and her dogged investigator against the combined forces of political clout, an endless supply of seedy money, utter ruthlessness and sheer police incompetence were slim to none. Yet, Lynne Sposito persevered, and after ten years, finally got justice for her murdered parents.
Edward Humes tells the story of Sposito's quest with a journalist's detachment; in a chilling matter-of-fact style and with an excellent eye for detail. He does not fall into the trap of glorifying the victims; both Vincent and Margaret Sherry were far from perfect, and the reader learns about their flaws and personal pitfalls as well as their strengths and, in particular, Margaret Sherry's undying commitment to rooting out corruption in Biloxi. Nor does Humes unduly vilify those involved in the conspiracy (although given their colorful personal and criminal histories and their various roles in the conspiracy to kill the Sherrys, any further vilification would have been unnecessary anyway and would actually have taken away a lot of the narrative's effectiveness). Equally unsettling as "In Cold Blood," to this day the benchmark of all true crime literature, although less literary in its description than Truman Capote's account or, for that matter, John Behrendt's famous "Midnight in the Garden of Good and Evil," Humes's "Mississippi Mud" unravels the web of corruption and crime in which much (although undoubtedly not all) of Biloxi's society once used to be caught. And although the consequences of the events related here won't be as terminal for any of the conspirators as they are for Lynne Sposito and her parents, Mrs. Sposito can now at last, as Humes quotes her at the end of the book's paperback edition (which updates the narrative's conclusion vis-a-vis the earlier hardcover version), "get a good night's sleep" again – thus eerily echoing the sentiment expressed in Eliot Ness's (Kevin Costner's) final comment in Brian de Palma's "The Untouchables," who, when asked by a reporter what he will do after prohibition has been lifted, drily responds: "I'm going to have a drink."
Edward Humes's official website
Themis-Athena's select bibliography of Southern literature (including dramatizations)
Themis-Athena's select annotated bibliography of nonfiction books and memoirs
1995: Commentary – Jim Dwyer, for his compelling and compassionate columns about New York City.
"Our procedure has been always haunted by the ghost of the innocent man convicted." – U.S. v. Garsson, D.C., 291 F. 646, 649 (1923) (Judge Learned Hand)
While you may find "Actual Innocence" in the "true crime" section of your bookstore, this is not your typical fare of a more or less well-written and soon-to-be-TV-movie account of a harrowing crime, or series of crimes. And while the book undeniably shows the hands of two lawyers who know how to craft a closing argument, and a Pulitzer Prize winning journalist, this is at heart, as the authors point out – and disturbingly so – a "work of nonfiction."
"Actual innocence" is an account of the work of Scheck's and Neufeld's "Innocence Project," describing some of the Project's most prominent and successful cases, and a scathing condemnation of the shortcomings of the American system of criminal justice – particularly, under the Supreme Court's holding in Herrera v. Collins, 506 U.S. 390, 404 (1993) (Rehnquist, C.J.) that "a claim of 'actual innocence' is not itself a constitutional claim." Under Herrera and the cases following it, a federal court can reject a defendant's petition for relief even if it is based on proof of innocence, even if that proof is, as in the cases represented by the Innocence Project, of a scientific nature (DNA evidence showing that the defendant cannot have committed the crime he has been convicted of), and even if the deadlines for submitting that proof are so short that it is virtually impossible for a defendant to present evidence obtained post-conviction in time for a consideration at least in the state court system, which review has to precede a review by the federal courts.
In Herrera, the Supreme Court upheld a Texas death sentence after the defendant had missed the state law's 30-day deadline to get a new trial based on new evidence. And while that particular case involved questions of the reliability of circumstantial evidence, admissions of guilt and eyewitness identifications (briefly, at night and without live testimony by one of the witnesses), these exclusionary rules apply regardless of the type of evidence presented. In the cases that Scheck, Neufeld and Dwyer describe here, this sometimes meant that DNA evidence which, due to scientific advances, had only become available years after the conviction, was not admitted, even if it conclusively proved that the wrong person had been convicted. The defendants were left to petition for executive clemency, which is discretionary and, more often than not, depends on the amount of political pressure exercised.
It is often argued, particularly by proponents of the death penalty, that the criminal justice system functions well, and that even in the best system, regrettable errors cannot be prevented. The authors of "Actual Innocence" make a compelling case for the contrary. Even if a lawyer's shortcomings in the representation of his client may, in theory, lead to the reversal of a conviction, the bar here is almost as high as that for the presentation of proof of innocence. In Texas, e.g., not even a lawyer sleeping during the trial or showing up drunk is considered ineffective and, like in other states, most mistakes made out of inexperience with the handling of murder/felony trials will not be enough to support a reversal, either. Moreover, scientific evidence, such as a "DNA fingerprint," is often not available to indigent defendants, who are most likely to be hurt by inefficient trial attorneys because they lack the means to hire counsel experienced and sophisticated enough to handle a trial of that nature. These more often than not are the ingredients of a cocktail which, without timely and forceful intervention, can be as lethal as the death penalty itself; even if there is not, in addition, abuse on the prosecutorial side – failure to fully investigate and/or disclose the evidence available in the case (including exculpatory evidence), racial bias in the jury selection, misconduct by scientists acting as the government's experts, etc.
American TV again and again broadcasts reports on persons released from prison, sometimes only days before their execution, based on belated proof of their innocence. All of these cases expose, in differing ways, the inherent weaknesses of the U.S. criminal justice system. While I have not practiced in the U.S. long enough to echo the verdict handed down by the Scheck, Neufeld and Dwyer, who declare the country's criminal justice system "a shambles," many facts recounted by them ring true to me. I also stop to consider if not only a Democratic president (Clinton) imposes a moratorium on the death penalty but a Republican governor, a one-time declared proponent of capital punishment, takes the same action and orders an investigation because "since the reestablishment of the death penalty in Illinois in 1977, there have been persistent problems in the administration of the death penalty as illustrated by the thirteen individuals on death row who have had their death sentences and convictions vacated by the courts" and "the number of death sentences and criminal convictions being vacated or overturned has raised serious concerns with respect to the process by which the death penalty is imposed." (Former Illinois Governor H. Ryan, Executive Order Creating The Governor's Commission On Capital Punishment, May 4, 2000).
Of course, not every claim of innocence is justified. But any criminal justice system should be able to allow for the presentation of conclusive proof of innocence, regardless how belatedly. And while the question of guilt or innocence may not have dominated the discussion on the case of executed Oklahoma City bomber Timothy McVeigh – to many people, even those otherwise opposed to the death penalty, the poster child for its application – I am not exactly comfortable with the assessment by President George W. Bush, who in 6 years as governor of Texas oversaw more than 150 executions, that McVeigh was "lucky to be an American. This is a country that will bend over backwards to make sure that his constitutional rights are guaranteed, as opposed to rushing his fate." (New York Times, May 12, 2001.)
Themis-Athena's select annotated bibliography of nonfiction books and memoirs
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