Crime and Community in the Cape Fear

Written by District Attorney Ben David, this textbook pairs with an exclusive online lecture series that follows each chapter in the book. Students will take a behind-the-scenes look at real-life cases from the perspective of a district attorney.


What People Are Saying

“Only a seasoned and successful prosecutor could have written Crime and Community in the Cape Fear. This is an insightful and valuable read.

— Ronal Serpas, Former Chief of Police in New Orleans

“In a culture where people are increasingly questioning law enforcement’s role, Ben David’s book gives us great confidence in prosecutorial outcomes.”

— Chuck Whitlock, Investigative Reporter & Author

 

"I took this class as a chief of police. I wish I learned these investigative techniques at the beginning of my career and would highly recommend this class to anyone in law enforcement, regardless of their level of experience. Simply put, Ben's book and video series should be required for everyone in the criminal justice system."

 

— Chris Spivey, Chief of Police (Ret.), Carolina Beach, NC


 Chapter Summary

Chapter 1: Crime rips apart and destroys; community builds up and heals. In this section, you will be introduced to the case method and explore how prosecutors critically analyze evidence and apply law to the facts. We examine the five defenses to any crime and the five reasons we punish. Ultimately, the prescription for a healthier hometown begins by recognizing that the social determinants of health are the same as the root causes of crime.  

Chapter 2: In this section, we look at three defenses: “Of Course I Did It,” “The Devil Made Me Do It,” and “Maybe You Did It,” as defendants seek to shift the blame to the victim, or to impairing substances, or to the police and prosecutors handling the case. Keeping the responsibility squarely on defendants means not only focusing on the facts, but on shifting our focus. This may involve a cultural shift, or the courage for leaders to take on some of the blame and commit to do better. 

Chapter 3: In this section we look at the “I Did Not Do It” defense and see how the labels that we affix to a defendant’s conduct can change dramatically when their past is admitted into evidence. We will go on a journey from an accident to a murder by looking at the prior bad acts of an impaired driver who had never been in trouble with the law. We will also see how a fleeing felon can be held responsible for a police officer’s death from two miles away. And when it comes to domestic violence, an abuser’s past may show that his crimes were not merely done in the heat of passion, but were cold blooded.

Chapter 4: In this section, we look at the importance of putting the right person on trial as we study the “Some Other Dude Did It” defense. We also see how defendants get away with their crimes, for weeks, months, and even years when others choose to remain silent. In a place where speaking up can get a witness killed, few come forward to help. And silence on the part of neighbors in fear of reprisal, as well as complicit government officials, proves to be even more deadly.

Chapter 5: In this section, we look at the challenges confronting police and prosecutors when handling a classic murder mystery where there is no confession, no murder weapon, no crime scene, and no body. We examine the different types of evidence: circumstantial and direct, testimonial and physical. We also look at the factors that go into trying a defendant for the death penalty. Finally, we meet a remarkable group of people who make up the Homicide Family Support Group.

Chapter 6: In this section, we look at the role that government and faith, the first two arms of the Starfish Model, play in giving structure to community. America’s town square has long been built around the duality of these two institutions, even as the Constitution provides that the Church and State shall remain separate. We look at police use-of-force and misconduct cases and mass incarceration as we take on the thorny issue of race and justice and see how peace and calm, restoration and reconciliation can come through incredible acts of forgiveness and through honestly confronting our past.

Chapter 7: Young people hunger for structure. When they do not find it at home, they find it in each other. In this section, we look at three arms of the Starfish Model (schools, businesses, and nonprofits) and see how these arms of outreach can come together to combat gang violence. Just as people can act in concert to commit crimes, members of the community can join forces to reduce it.

Chapter 8: In this section, we look at health, particularly the wellbeing of our children. Keeping them safe is not only the desire of every parent, it is the highest duty of professionals in every arm of the starfish. We confront the opioid epidemic and see that the real gateway drug to heroin is not other substances, but trauma. By understanding the impact of Adverse Childhood Experiences and how to make children resilient, we can help young people have a much brighter future. This should give us all hope, especially in the darkest of times.


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About Ben David

As District Attorney, Ben served on the Chief Justice’s Commission on Professionalism, the Governor’s Gang Task Force, and is a founding member of Law Enforcement Leaders to Reduce Crime and Incarceration. He is a past president of the NC Conference of District Attorneys, and has twice served as a delegate for the American Council of Young Political Leaders. Ben is a founding member of the Blue Ribbon Commission on the Prevention of Youth Violence in Wilmington.