Editors’ Note: This essay has been updated to reflect a Correction.

During the recent Manhattan trial of Daniel Everret for the murder of 13 year-old Scotty Scott in Harlem in 2008, evidence came to light that is harrowing and all too frequent in our system. The defendant, awaiting trial in a city jail, was recorded on the telephone instructing his fellow gang members on how best to intimidate the witnesses against him so as to prevent their incriminating testimony.