Cases and Materials on Combatting Racism in Criminal Procedure


Book Description

CASES AND MATERIALS ON COMBATTING RACISM IN CRIMINAL PROCEDURE addresses the emerging national concern over the unwanted, but often ignored, role of race in American criminal justice. Legal scholars have long noted that race plays a role in how our criminal process works. However, no previous casebook has systematically traced the role that race has played at each major stage of the criminal process, while noting analytical and practical strategies that have been used to minimize race's influence. The purpose of this work is not simply to acknowledge and accept the presence of race in our criminal courts, but to actually provide tools - both conceptual and practical - for counteracting its influence. The timing for addressing this hole in legal education is now. The recent attention that has been drawn to racially disproportionate mass incarceration, wrongful convictions, and violent interactions with law enforcement, make it imperative that our legal educational system produce persons trained in the law to bring about positive, transformative change. On July 14, 2015 President Barack Obama, in a historic and unique statement for a United States President, declared that the American criminal justice system is particularly skewed by race and wealth. Across the country there is a growing realization that racial injustice in the criminal process cannot continue.




The New Jim Crow


Book Description

One of the New York Times’s Best Books of the 21st Century Named one of the most important nonfiction books of the 21st century by Entertainment Weekly‚ Slate‚ Chronicle of Higher Education‚ Literary Hub, Book Riot‚ and Zora A tenth-anniversary edition of the iconic bestseller—"one of the most influential books of the past 20 years," according to the Chronicle of Higher Education—with a new preface by the author "It is in no small part thanks to Alexander's account that civil rights organizations such as Black Lives Matter have focused so much of their energy on the criminal justice system." —Adam Shatz, London Review of Books Seldom does a book have the impact of Michelle Alexander's The New Jim Crow. Since it was first published in 2010, it has been cited in judicial decisions and has been adopted in campus-wide and community-wide reads; it helped inspire the creation of the Marshall Project and the new $100 million Art for Justice Fund; it has been the winner of numerous prizes, including the prestigious NAACP Image Award; and it has spent nearly 250 weeks on the New York Times bestseller list. Most important of all, it has spawned a whole generation of criminal justice reform activists and organizations motivated by Michelle Alexander's unforgettable argument that "we have not ended racial caste in America; we have merely redesigned it." As the Birmingham News proclaimed, it is "undoubtedly the most important book published in this century about the U.S." Now, ten years after it was first published, The New Press is proud to issue a tenth-anniversary edition with a new preface by Michelle Alexander that discusses the impact the book has had and the state of the criminal justice reform movement today.




Raising Issues of Race in North Carolina Criminal Cases


Book Description

View this manual, a reference in the School's Indigent Defense Manual Series, free of charge at defendermanuals.sog.unc.edu. Raising Issues of Race in North Carolina Criminal Cases is a resource for public defenders and appointed counsel who represent poor people accused of crimes. This publication is also useful to judges, prosecutors, and others who work to safeguard the integrity of the court system. The book describes the ways in which considerations of race may improperly enter into the conduct of a criminal case, and gathers, organizes, and analyzes the law on the intersection of race and the criminal justice system. Ten chapters cover a variety of topics, such as: -stops, searches, and arrests; -eyewitness identification; -pretrial release; -selective prosecution; -composition of grand and trial juries; -trial issues; and -sentencing.




Critical Race Theory


Book Description

This law school casebook examines cases through the analytical framework of critical race theory. There is a separate chapter on torts, contracts, criminal procedure, criminal law and sentencing, property, and civil procedure. It also examines cases where race is not always obvious, showing how race is often relevant even where it may initially appear not to be relevant. Lastly, the book provides cases where the courts have applied a critical race theory perspective. As a result, the casebook shows how critical race theory can be a useful analytical tool that will enable students to be more effective attorneys.




Race, Crime, and the Law


Book Description

An "admirable, courageous, and meticulously fair and honest book” (New York Times Book Review) in which “one of our most important and perceptive writers on race" (The Washington Post) takes on a highly complex issue in a way that no one has before. "This book should be a standard for all law students."—Boston Globe In this groundbreaking, powerfully reasoned, lucid work that is certain to provoke controversy, Harvard law professor Randall Kennedy takes on a highly complex issue in a way that no one has before. Kennedy uncovers the long-standing failure of the justice system to protect blacks from criminals, probing allegations that blacks are victimized on a widespread basis by racially discriminatory prosecutions and punishments, but he also engages the debate over the wisdom and legality of using racial criteria in jury selection. He analyzes the responses of the legal system to accusations that appeals to racial prejudice have rendered trials unfair, and examines the idea that, under certain circumstances, members of one race are statistically more likely to be involved in crime than members of another.




Crook County


Book Description

Winner of the 2017 Eduardo Bonilla-Silva Outstanding Book Award, sponsored by the Society for the Study of Social Problems. Finalist for the C. Wright Mills Book Award, sponsored by the Society for the Study of Social Problems. Winner of the 2017 Oliver Cromwell Cox Book Award, sponsored by the American Sociological Association's Section on Racial and Ethnic Minorities. Winner of the 2017 Mary Douglas Prize for Best Book, sponsored by the American Sociological Association's Sociology of Culture Section. Honorable Mention in the 2017 Book Award from the American Sociological Association's Section on Race, Class, and Gender. NAACP Image Award Nominee for an Outstanding Literary Work from a debut author. Winner of the 2017 Prose Award for Excellence in Social Sciences and the 2017 Prose Category Award for Law and Legal Studies, sponsored by the Professional and Scholarly Publishing Division, Association of American Publishers. Silver Medal from the Independent Publisher Book Awards (Current Events/Social Issues category). Americans are slowly waking up to the dire effects of racial profiling, police brutality, and mass incarceration, especially in disadvantaged neighborhoods and communities of color. The criminal courts are the crucial gateway between police action on the street and the processing of primarily black and Latino defendants into jails and prisons. And yet the courts, often portrayed as sacred, impartial institutions, have remained shrouded in secrecy, with the majority of Americans kept in the dark about how they function internally. Crook County bursts open the courthouse doors and enters the hallways, courtrooms, judges' chambers, and attorneys' offices to reveal a world of punishment determined by race, not offense. Nicole Gonzalez Van Cleve spent ten years working in and investigating the largest criminal courthouse in the country, Chicago–Cook County, and based on over 1,000 hours of observation, she takes readers inside our so-called halls of justice to witness the types of everyday racial abuses that fester within the courts, often in plain sight. We watch white courtroom professionals classify and deliberate on the fates of mostly black and Latino defendants while racial abuse and due process violations are encouraged and even seen as justified. Judges fall asleep on the bench. Prosecutors hang out like frat boys in the judges' chambers while the fates of defendants hang in the balance. Public defenders make choices about which defendants they will try to "save" and which they will sacrifice. Sheriff's officers cruelly mock and abuse defendants' family members. Delve deeper into Crook County with related media and instructor resources at www.sup.org/crookcountyresources. Crook County's powerful and at times devastating narratives reveal startling truths about a legal culture steeped in racial abuse. Defendants find themselves thrust into a pernicious legal world where courtroom actors live and breathe racism while simultaneously committing themselves to a colorblind ideal. Gonzalez Van Cleve urges all citizens to take a closer look at the way we do justice in America and to hold our arbiters of justice accountable to the highest standards of equality.




Cases, Materials and Text on National, Supranational and International Non-Discrimination Law


Book Description

This casebook, the result of the collaborative efforts of a panel of experts from various EU Member States, is the latest in the Ius Commune Casebook series developed at the Universities of Maastricht and Leuven. The book provides a comprehensive and skilfully designed resource for students, practitioners, researchers, public officials, NGOs, consumer organisations and the judiciary. In common with earlier books in the series, this casebook presents cases and other materials (legislative materials, international and European materials, excerpts from books or articles). As non-discrimination law is a comparatively new subject, the chapters search for and develop the concepts of discrimination law on the basis of a wide variety of young and often still emerging case law and legislation. The result is a comprehensive textbook with materials from a wide variety of EU Member States. The book is entirely in English (i.e. materials are translated where not available in English). At the end of each chapter a comparative overview ties the material together, with emphasis, where appropriate, on existing or emerging general principles in the legal systems within Europe. The book illustrates the distinct relationship between international, European and national legislation in the field of non-discrimination law. It covers the grounds of discrimination addressed in the Racial Equality and Employment Equality Directives, as well as non-discrimination law relating to gender. In so doing, it covers the law of a large number of EU Member States, alongside some international comparisons. The Ius Commune Casebook on Non-Discrimination Law - provides practitioners with ready access to primary and secondary legal material needed to assist them in crafting test case strategies. - provides the judiciary with the tools needed to respond sensitively to such cases. - provides material for teaching non-discrimination law to law and other students. - provides a basis for ongoing research on non-discrimination law. - provides an up-to-date overview of the implementation of the Directives and of the state of the law. This Casebook is the result of a project which has been supported by a grant from the European Commission's Anti-Discrimination Programme. See the detailed website for this book: www.casebooks.eu/nonDiscrimination/.




Legal Instruments for Combating Racism on the Internet


Book Description

Various national and international legal instruments punish hate speech. However, the specific nature of the Internet calls for the adoption of new strategies to combat hate speech promoting racism and violence, which is widely and swiftly disseminated on the web. As the Internet ignores territories and has no boundaries, states cannot control it effectively by unilateral national regulation; what is needed is increased international co-operation. Efforts to harmonise national legislation - including the Additional Protocol to the Council of Europe Convention on Cybercrime - have come up against a series of difficulties. One of these is the fact that there is no universally accepted definition of the illegal nature of racist speech, which can be protected by the right to freedom of expression. This book describes the situation in 10 Council of Europe member and observer, states and discusses the problems faced and solutions introduced by these countries, as well as by European and international organisations and civil society.




The Concept of Race in International Criminal Law


Book Description

Members of racial groups are protected under international law against genocide, persecution, and apartheid. But what is race - and why was this contentious term not discussed when drafting the Statute of the International Criminal Court? Although the law uses this term, is it legitimate to talk about race today, let alone convict anyone for committing a crime against a racial group? This book is the first comprehensive study of the concept of race in international criminal law. It explores the theoretical underpinnings for the crimes of genocide, apartheid, and persecution, and analyses all the relevant legal instruments, case law, and scholarship. It exposes how the international criminal tribunals have largely circumvented the topic of race, and how incoherent jurisprudence has resulted in inconsistent protection. The book provides important new interpretations of a problematic concept by subjecting it to a multifaceted and interdisciplinary analysis. The study argues that race in international criminal law should be constructed according to the perpetrator's perception of the victims' ostensible racial otherness. The perpetrator's imagination as manifested through his behaviour defines the victims' racial group membership. It will be of interest to students and practitioners of international criminal law, as well as those studying genocide, apartheid, and race in domestic and international law.




Law Against Liberty


Book Description

"The criminalization of dissent, and possible threats to civil liberties posed by this criminalization, have become central issues of debate within liberal democracies, particularly in relation to discussions of political violence and the role of law in protests. Law against Liberty provides significant commentary on the criminalization of political movements and dissent within (neo)liberal democracies in the contemporary context. The criminalization of dissent has been a common feature of neo-liberal governance in the current period of capitalist globalization. It has accompanied various structural adjustment and free trade policies as the required force to impose such programs on unwilling publics. Police violence has been a constant feature of alternative globalization demonstrations. Examples of escalating state attacks on opponents of global capital include tear gas attacks, use of rubber bullets and concussion grenades, illegal searches and seizures, surveillance and beatings of arrestees, and, most severely, the deaths of people at the hands of police as in Genoa and England. At the same time demonstrators have developed new repertoires of protest practice, including acts of violence and combat. Yet these engagements of escalation (as police and protesters adapt to each other's actions) have been understudied and undertheorized in recent social science works. Most works on the criminalization of dissent focus on a specific national context. Those that offer multinational examples tend to be earlier works that predate the Seattle protests of 1999, a watershed event in the development of alternative globalization movements and struggles. Based on contributions from engaged scholars, many of whom have direct, first-hand experience in the protests that they analyze, this book offers the most extensive and diverse examination of dissent and its criminalization in contemporary liberal democracies."--Publisher.