Description

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The shocking Netflix documentary Making a Murderer left millions of viewers wondering how an apparently innocent man could be wrongfully convicted - not just once, but twice. This book explains, in plain English, the numerous flaws in Wisconsin's criminal justice system that led to the wrongful convictions of Steven Avery and his mentally challenged nephew Brendan Dassey. Equally disturbing, it also reveals that similar flaws exist in other jurisdictions of the country.

The author, himself a criminal defense attorney in Wisconsin, details the egregious procedures that resulted in the Avery and Dassey convictions. Besides the use by law enforcement of suggestive eyewitness-identification methods and interrogation tactics known to produce false confessions, defense lawyers had their hands tied by a truth-suppressing trial rule. Though they had evidence that someone other than Avery murdered Teresa Halbach, Wisconsin courts rarely permit consideration of such evidence. Perhaps most troubling, the burden of proof in this state is actually much lower than the constitutionally-mandated "beyond a reasonable doubt" standard.

The author not only discusses the documentary, but he also quotes from and cites Avery's and Dassey's appellate court decisions, appellate court briefs, numerous trial court documents, other cases, law review articles, and scientific studies.

This unsettling book will give you facts and insights beyond those presented in the documentary and leave you wondering whether the constitutional right to a fair trial is actually guaranteed where you live.

About the Author

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Michael D. Cicchini, JD, is a criminal defense attorney in Kenosha, Wisconsin; the author of Tried and Convicted: How Police, Prosecutors, and Judges Destroy Our Constitutional Rights; and a coauthor of But They Didn't Read Me My Rights! Myths, Oddities, and Lies about Our Legal System (with Amy Kushner, Ph.D.). He is also a columnist at the Wisconsin Law Journal and a blogger at The Legal Watchdog, and has published articles in several law reviews, including the Fordham Law Review and Northwestern University's Journal of Criminal Law & Criminology.

Praise For…

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“Convicting Avery is a smart, irreverent analysis of the Avery and Dassey cases from Making a Murderer. It’s a fascinating and, at times, deeply disturbing examination of the problems that plague our criminal justice system.”
 
—Lawrence White, PhD, false confession expert in Making a Murderer, and professor of psychology at Beloit College
 
“Cicchini makes his case clearly… Will engage fans of the series and readers who wonder if prosecutors really do cut corners in their campaigns against serious criminals.”
—Kirkus Reviews

“Even readers unfamiliar with the Netflix documentary series Making a Murderer will be intrigued by Cicchini’s insights into the inequities of the criminal justice…. Cicchini convincingly demonstrates that the Kafkaesque criminal justice in Avery’s case was not an anomaly, and his work is an accessible entree into the debate over how defendants’ rights should be protected.”
—Publishers Weekly

"A revealing and fascinating read that will interest readers of true crime, criminal law, or American legal procedures… regardless of your position on Steven Avery's guilt or innocence, the content of this book raises important concerns about a clearly broken legal system.”
—New York Journal of Books

“Convicting Avery is that rare book that is superbly written by an expert in criminal law, reads like a thriller, and offers much that would surprise even seasoned lawyers. I read it in one sitting.”
 
—Matthew Flynn, commercial litigation partner of Quarles and Brady, former chairman of the Democratic Party of Wisconsin, and author of Pryme Knumber

“Convicting Avery is disturbing. And this is all the more reason why it is a must-read. Criminal defense lawyer Michael D. Cicchini informs, illuminates, and impels us to take a hard, clear-sighted look at our broken criminal justice system and what it means to our own threatened presumption of innocence.... Convicting Avery is highly readable and well researched, and leavened with common sense and cutting wit. It’s a galvanizing book—expertly and persuasively written. Highly recommended.”
 
—Mauricio “Mo” Hernandez, attorney