The Fight Against Convictions Where No Crimes Exist

This happens way more than it should.

No matter how messed up you think the criminal justice system is, you probably still think that behind every conviction there is a crime. Sure, maybe it shouldn’t be a crime, or maybe the wrong person was convicted or the sentence far outstrips the societal harm but you have to imagine that a crime has been committed. Except in far too many cases, that is simply not true.

In this week’s episode, I speak with former New York City public defender and Montclair State University professor, Jessica S. Henry, about her new book — available today — Smoke But No Fire: Convicting the Innocent of Crimes that Never Happened. We chat about the definition of no-crime convictions, what’s the prevalence and scope of no-crime convictions, and finally what can be done to stop this miscarriage of justice, particularly within the current criminal justice reform zeitgeist.

The Jabot podcast is an offshoot of the Above the Law brand focused on the challenges women, people of color, LGBTQIA, and other diverse populations face in the legal industry. Our name comes from none other than the Notorious Ruth Bader Ginsburg and the jabot (decorative collar) she wears when delivering dissents from the bench. It’s a reminder that even when we aren’t winning, we’re still a powerful force to be reckoned with.

Happy listening!


headshotKathryn Rubino is a Senior Editor at Above the Law, and host of The Jabot podcast. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter (@Kathryn1).

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