Biased: Uncovering the Hidden Prejudice that Shapes What We See, Think and Do by
"Poignant....important and illuminating."--The New York Times Book Review "Groundbreaking."--Bryan Stevenson, New York Times bestselling author of Just Mercy From one of the world's leading experts on unconscious racial bias come stories, science, and strategies to address one of the central controversies of our time How do we talk about bias? How do we address racial disparities and inequities? What role do our institutions play in creating, maintaining, and magnifying those inequities? What role do we play? With a perspective that is at once scientific, investigative, and informed by personal experience, Dr. Jennifer Eberhardt offers us the language and courage we need to face one of the biggest and most troubling issues of our time. She exposes racial bias at all levels of society--in our neighborhoods, schools, workplaces, and criminal justice system. Yet she also offers us tools to address it. Eberhardt shows us how we can be vulnerable to bias but not doomed to live under its grip. Racial bias is a problem that we all have a role to play in solving.
Black and Blue: How African Americans Judge the U.S. Legal System by
The American legal system is experiencing a period of extreme stress, if not crisis, as it seems to be losing its legitimacy with at least some segments of its constituency. Nowhere is this legitimacy deficit more apparent than in a portion of the African American community in the U.S., asincidents of police killing black suspects - whether legally justified or not - have become almost routine. However, this legitimacy deficit has largely been documented through anecdotal evidence and a steady drumbeat of journalistic reports, not rigorous scientific research. This book offers anall-inclusive account of how and why African Americans differ in their willingness to ascribe legitimacy to legal institutions, as well as in their willingness to accept the policy decisions those institutions promulgate.Based on two nationally-representative samples of African Americans, this book ties together four dominant theories of public opinion: Legitimacy Theory, Social Identity Theory, theories of adulthood political socialization and learning through experience, and information processing theories. Thefindings reveal a gaping chasm in legal legitimacy between black and white Americans. More importantly, black people themselves differ in their perceptions of legal legitimacy. Group identities and experiences with legal authorities play a crucial role in shaping whether and how black people extendlegitimacy to the legal institutions that so much affect them.This book is one of the most comprehensive analyses produced to date of legal legitimacy within the American black community, with many surprising and counter-intuitive results.
Black Justice? Race, Criminal Justice and Identity by
Black Justice" casts new light on the centrality of race in contemporary British society. It critically examines a unique black voluntary organisation working with black people who are detained by the police and reveals how dependent the organisation is on the police's co-operation and support. It also reveals the strategies adopted by the police to undermine or subvert this voluntary service, while at the same time asserting their support for it and claiming to be operating according to equal opportunities directives. The author reports on the ways that volunteers from diverse backgrounds were able to co-operate in the voluntary services they provided, notwithstanding the practical and analytical difficulties inherent in using the term 'black' to embrace any racialised group. The book provides valuable models to other voluntary organisations, while demonstrating the far-reaching consequences of race in sustaining key social divisions. It will be essential reading in the voluntary sector and should be required reading for all those working in the criminal justice system and particularly the police.
The Dark Side of the Criminal Justice System by
The high rates of Black arrests and incarceration from 1960-1990 were a direct result of deliberate government policies and a zealous criminal justice system, under the patriotic umbrella of the War on Crime. This stateside war shared a lot of similarities with the Vietnam war happening simultaneously: racism and extreme cruelty towards those seen as the enemy, deprecation of the others' culture, forceful use of a militarized police with combat experience, repeated failure to observe human rights, and mass incarceration. Unfortunately, this conflict continued long after the Vietnam war ended. Ronald L. Morris reviews those dark times, analyzing their causes, short- and long-term effects, and calls for change.
Deadly Injustice: Trayvon Martin, Race, and the Criminal Justice System by
The murder of unarmed teenager Trayvon Martin and the subsequent trial and acquittal of his assailant, George Zimmerman, sparked a passionate national debate about race and criminal justice in America that involved everyone from bloggers to mayoral candidates to President Obama himself. With increased attention to these causes, from St. Louis to Los Angeles, intense outrage at New York City's Stop and Frisk program and escalating anger over the effect of mass incarceration on the nation's African American community, the Trayvon Martin case brought the racialized nature of the American justice system to the forefront of our national consciousness. Deadly Injustice uses the Martin/Zimmerman case as a springboard to examine race, crime, and justice in our current criminal justice system. Contributors explore how race and racism informs how Americans think about criminality, how crimes are investigated and prosecuted, and how the media interprets and reports on crime. At the center of their analysis sit examples of the Zimmerman trial and Florida's controversial Stand Your Ground law, providing current and resonant examples for readers as they work through the bigger-picture problems plaguing the American justice system. This important volume demonstrates how highly publicized criminal cases go on to shape public views about offenders, the criminal process, and justice more generally, perpetuating the same unjust cycle for future generations. A timely, well-argued collection, Deadly Injustice is an illuminating, headline-driven text perfect for students and scholars of criminology and an important contribution to the discussion of race and crime in America.
The Evolution of the Juvenile Court: Race, Politics and the Criminalizing of Juvenile Justice by
Winner, 2020 ACJS Outstanding Book Award, given by the Academy of Criminal Justice Sciences A major statement on the juvenile justice system by one of America's leading experts The juvenile court lies at the intersection of youth policy and crime policy. Its institutional practices reflect our changing ideas about children and crime control. The Evolution of the Juvenile Court provides a sweeping overview of the American juvenile justice system's development and change over the past century. Noted law professor and criminologist Barry C. Feld places special emphasis on changes over the last 25 years--the ascendance of get tough crime policies and the more recent Supreme Court recognition that "children are different." Feld's comprehensive historical analyses trace juvenile courts' evolution though four periods--the original Progressive Era, the Due Process Revolution in the 1960s, the Get Tough Era of the 1980s and 1990s, and today's Kids Are Different era. In each period, changes in the economy, cities, families, race and ethnicity, and politics have shaped juvenile courts' policies and practices. Changes in juvenile courts' ends and means--substance and procedure--reflect shifting notions of children's culpability and competence. The Evolution of the Juvenile Court examines how conservative politicians used coded racial appeals to advocate get tough policies that equated children with adults and more recent Supreme Court decisions that draw on developmental psychology and neuroscience research to bolster its conclusions about youths' reduced criminal responsibility and diminished competence. Feld draws on lessons from the past to envision a new, developmentally appropriate justice system for children. Ultimately, providing justice for children requires structural changes to reduce social and economic inequality--concentrated poverty in segregated urban areas--that disproportionately expose children of color to juvenile courts' punitive policies. Historical, prescriptive, and analytical, The Evolution of the Juvenile Court evaluates the author's past recommendations to abolish juvenile courts in light of this new evidence, and concludes that separate, but reformed, juvenile courts are necessary to protect children who commit crimes and facilitate their successful transition to adulthood.
A Fair Hearing? Ethnic Minorities in the Criminal Courts by
This book reports on research which investigates the perceptions of ethnic minorities concerning their treatment in the criminal courts. It examines the extent to which ethnic minority defendants and witnesses in both the Crown Court and the magistrates' courts perceived their treatment to have been unfair, whether they believed any unfairness to have been the result of ethnic bias, and whether this had affected their confidence in the criminal courts. The study, carried out by the Oxford Centre for Criminological Research in association with the University of Birmingham for the Lord Chancellor's Department, involved observations of cases and interviews with more than a thousand people (defendants, witnesses, barristers, solicitors, judges, magistrates and others), and focused on courts in Manchester, Birmingham and London. A Fair Hearing? Ethnic minorities in the criminal courts begins by showing how widely held the belief has been that ethnic minorities are discriminated against by the courts and by other agencies in the criminal justice system. It discusses the factors that contributed to this belief, including the findings of the Macpherson Report and the notion of 'institutional racism'. The main part of the book then looks at the institutional setting in which the research took place, the experience of defendants and witnesses, their views about how they were treated by the criminal courts, and the views of others involved in the court process. Final chapters in the book address the issue of sensitivity to ethnicity on the part of judges, magistrates and lawyers. It shows that attitudes and practices are perceived to have changed for the better and examines what more needs to be done to increase the confidence that members of ethnic minorities have in the fairness of the criminal courts.
Killing with Prejudice: Institutionalized Racism in American Capital Punishment by
A history of the McCleskey v. Kemp Supreme Court ruling that effectively condoned racism in capital cases In 1978 Warren McCleskey, a black man, killed a white police officer in Georgia. He was convicted by a jury of 11 whites and 1 African American, and was sentenced to death. Although McCleskey's lawyers were able to prove that Georgia courts applied the death penalty to blacks who killed whites four times as often as when the victim was black, the Supreme Court upheld the death sentence in McCleskey v.Kemp, thus institutionalizing the idea that racial bias was acceptable in the capital punishment system. After a thirteen-year legal journey, McCleskey was executed in 1991. In Killing with Prejudice, R.J. Maratea chronicles the entire litigation process which culminated in what has been called "the Dred Scott decision of our time." Ultimately, the Supreme Court chose to overlook compelling empirical evidence that revealed the discriminatory manner in which the assailants of African Americans are systematically undercharged and the aggressors of white victims are far more likely to receive a death sentence. He draws a clear line from the lynchings of the Jim Crow era to the contemporary acceptance of the death penalty and the problem of mass incarceration today. The McCleskey decision underscores the racial, socioeconomic, and gender disparities in modern American capital punishment, and the case is fundamental to understanding how the death penalty functions for the defendant, victims, and within the American justice system as a whole.
No Equal Justice: Race and Class in the American Criminal Justice System by
No Equal Justice is the seminal work on race- and class-based double standards in criminal justice. Hailed as a "shocking and necessary book" by The Economist, it has become the standard reference point for anyone trying to understand the fundamental inequalities in the American legal system. The book, written by constitutional law scholar and civil liberties advocate David Cole, was named the best nonfiction book of 1999 by the Boston Book Review and the best book on an issue of national policy by the American Political Science Association. No Equal Justice examines subjects ranging from police behavior and jury selection to sentencing, and argues that our system does not merely fail to live up to the promise of equality, but actively requires double standards to operate. Such disparities,Cole argues, allow the privileged to enjoy constitutional protections from police power without paying the costs associated with extending those protections across the board to minorities and the poor.
Petit Apartheid in the U.S. Criminal Justice System by
Petit apartheid refers to the hidden, informal types of racial bias that permeate various stages of the criminal justice system. Notably, these informal practices are not included in most evaluations of racial discrimination. This book offers the first detailed consideration of petit apartheid through a series of essays by criminal justice experts. Petit Apartheid in the U.S. Criminal Justice System brings long-overdue attention to the reality of how race affects criminal justice processing. This volume makes a strong case that further research, new policy, and ultimately new practices are needed to stem the tide of racial bias in the criminal justice system. "[The authors'] meticulous detailing of what petit apartheid looks like in action and what it sounds like in everyday exchanges promotes awareness -- a mandatory starting place for changing habits or minds." -- American Journal of Criminal Law, 2002
Gringo Justice by
Gringo Justice is a comprehensive analysis and interpretation of the experiences of the Chicano people with the legal and judicial system in the United States. Beginning in 1848 and working to the present, a theory of Gringo justice is developed and applied to specific areas--displacement from the land, vigilantes and social bandits, the border, the police, gangs, and prisons. A basic issue addressed is how the image of Chicanos as bandits or criminals has persisted in various forms.
Privilege and Punishment: How Race and Class Matter in Criminal Court by
How the attorney-client relationship favors the privileged in criminal court--and denies justice to the poor and to working-class people of color The number of Americans arrested, brought to court, and incarcerated has skyrocketed in recent decades. Criminal defendants come from all races and economic walks of life, but they experience punishment in vastly different ways. Privilege and Punishment examines how racial and class inequalities are embedded in the attorney-client relationship, providing a devastating portrait of inequality and injustice within and beyond the criminal courts. Matthew Clair conducted extensive fieldwork in the Boston court system, attending criminal hearings and interviewing defendants, lawyers, judges, police officers, and probation officers. In this eye-opening book, he uncovers how privilege and inequality play out in criminal court interactions. When disadvantaged defendants try to learn their legal rights and advocate for themselves, lawyers and judges often silence, coerce, and punish them. Privileged defendants, who are more likely to trust their defense attorneys, delegate authority to their lawyers, defer to judges, and are rewarded for their compliance. Clair shows how attempts to exercise legal rights often backfire on the poor and on working-class people of color, and how effective legal representation alone is no guarantee of justice. Superbly written and powerfully argued, Privilege and Punishment draws needed attention to the injustices that are perpetuated by the attorney-client relationship in today's criminal courts, and describes the reforms needed to correct them.
Progressive Prosecution by
Provides compelling and manageable solutions for how to reform the criminal justice system from the inside out A racial reckoning in the US criminal justice system was long overdue well before the highly publicized murders of George Floyd, Breonna Taylor, and many others in 2020. Progressive Prosecution argues that prosecutors, having helped build our failed system of mass incarceration, must now lead the charge to dismantle it. With contributions from practicing district attorneys as well as leading scholars in the fields of law and criminal justice, Taylor-Thompson and Thompson's volume offers an unapologetically ambitious vision for reform. The contributors draw from empirical evidence and years of combined research experience to argue that change must happen at the local level, with prosecutors choosing to adopt race-conscious approaches. These prosecutors must do the hard work themselves, actively focusing on the ways that race misshapes perceptions of criminality, influences discretionary calls, affects how we select juries, and induces a reliance on punitive responses. Progressive Prosecution acts as both a call to action and a practical guide, instructing prosecutors on what they need to do to bring about lasting and meaningful change. Progressive Prosecution is an urgent work of scholarship, a must-read for anyone committed to racial equity and meaningful criminal justice reform.
Punishment Without Crime by
A revelatory account of the misdemeanor machine that unjustly brands millions of Americans as criminals. Punishment Without Crime offers an urgent new interpretation of inequality and injustice in America by examining the paradigmatic American offense: the lowly misdemeanor. Based on extensive original research, legal scholar Alexandra Natapoff reveals the inner workings of a massive petty offense system that produces over 13 million cases each year. People arrested for minor crimes are swept through courts where defendants often lack lawyers, judges process cases in mere minutes, and nearly everyone pleads guilty. This misdemeanor machine starts punishing people long before they are convicted; it punishes the innocent; and it punishes conduct that never should have been a crime. As a result, vast numbers of Americans -- most of them poor and people of color -- are stigmatized as criminals, impoverished through fines and fees, and stripped of drivers' licenses, jobs, and housing. For too long, misdemeanors have been ignored. But they are crucial to understanding our punitive criminal system and our widening economic and racial divides. A Publishers Weekly Best Book of 2018
Race, Crime and the Law by
In this powerfully reasoned, lucidly written work, Harvard Law Professor Randall Kennedy takes on the highly complex issues of race, crime, and the legal system, uncovering the long-standing failure of the justice system to protect blacks from criminals and revealing difficult truths about these factors in the United States.
Racialized Correctional Governance: The Mutual Constructions of Race and Criminal Justice by
Racialized Correctional Governance examines problems in the relationship between criminology and racialized issues. It questions current models for discussing issues of race in criminal justice systems and asks why a comprehensive theory of race and criminal justice has yet to develop in the discipline. It takes into account the full nature of problems facing racialized peoples in criminal justice systems, the developments and tensions in criminological theory and practice, as well as the scope of racialized criminal justice issues and where they occur. Suggesting that current explanations for the over-representation of racialized peoples in the criminal justice system are inadequate, the book explores the mutual constructions of race and criminal justice. It examines the shortcomings of current discourse, giving an account of how race, criminal justice and criminology are interrelated. Aiming to provide criminology with tools to engage with issues of race and criminal justice, the book develops and applies a set of rules to a series of case studies and proposes ideas for transforming institutional practice.
The Rage of Innocence: How America Criminalizes Black Youth by
A brilliant analysis of the foundations of racist policing in America- the day-to-day brutalities, largely hidden from public view, endured by Black youth growing up under constant police surveillance and the persistent threat of physical and psychological abuse Drawing upon twenty-five years of experience rep-resenting Black youth in Washington, D.C.'s juve-nile courts, Kristin Henning confronts America's irrational, manufactured fears of these young peo-ple and makes a powerfully compelling case that the crisis in racist American policing begins with its relationship to Black children. Henning explains how discriminatory and aggressive policing has socialized a generation of Black teenagers to fear, resent, and resist the police, and she details the long-term consequences of rac-ism that they experience at the hands of the police and their vigilante surrogates. She makes clear that unlike White youth, who are afforded the freedom to test boundaries, experiment with sex and drugs, and figure out who they are and who they want to be, Black youth are seen as a threat to White Amer-ica and are denied healthy adolescent development. She examines the criminalization of Black adoles-cent play and sexuality, and of Black fashion, hair, and music. She limns the effects of police presence in schools and the depth of police-induced trauma in Black adolescents. Especially in the wake of the recent unprece-dented, worldwide outrage at racial injustice and inequality, The Rage of Innocence is an essential book for our moment.
Reckoning with Racism: Police, Judges and the RDS Case by
In 1994, a white police officer arrested a Black teenager, placed him in a choke hold, and charged him with assault and obstructing arrest. In acquitting the teen, Judge Corrine Sparks - Canada's first Black female judge - remarked that police sometimes overreacted when dealing with non-white youth. The acquittal was appealed and ultimately upheld, but most of the white judges who reviewed the decision critiqued Sparks's comments. Reckoning with Racism considers the RDS case, in which the Supreme Court of Canada fumbled over its first complaint of judicial racial bias. This is an enthralling account of the country's most momentous race case.
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