Critical Race Theory and the American Justice System

Critical Race Theory and the American Justice System
Title Critical Race Theory and the American Justice System PDF eBook
Author Paul Zwier
Publisher Cambridge Scholars Publishing
Pages 395
Release 2023-02-27
Genre Law
ISBN 1527593681

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When a trial lawyer stands before a jury to argue a case about a Black victim killed by a white person, how should the lawyer best argue the case? Critical race theorists (CRTs) are pessimistic that a white jury can set aside its own racism in judging the Black victims’ actions, and are skeptical of a jury’s ability to fairly judge a white actor’s motives. Before the George Floyd and Ahmaud Arbery killings, there was strong evidence (The Innocence Project) that the CRTs were right. After all, the prosecutors in the Ahmaud Arbery case were so convinced that a white jury in a Georgia county would not convict white vigilantes, that they initially didn’t even charge the killers with a crime. However, then, back-to-back, in both cases, prosecutors prosecuted, and the jury returned guilty verdicts. They convicted Derrick Chauvin of murder. They convicted Travis and Gregory McMichael and “Roddie” William Bryant of murder. This book examines the how and why of these verdicts and asks whether they hold lessons vital to withstanding CRT challenges to the American justice system.

The Oxford Handbook of Criminal Law

The Oxford Handbook of Criminal Law
Title The Oxford Handbook of Criminal Law PDF eBook
Author Markus D Dubber
Publisher OUP Oxford
Pages 1294
Release 2014-11-27
Genre Law
ISBN 0191654604

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The Oxford Handbook of Criminal Law reflects the continued transformation of criminal law into a global discipline, providing scholars with a comprehensive international resource, a common point of entry into cutting edge contemporary research and a snapshot of the state and scope of the field. To this end, the Handbook takes a broad approach to its subject matter, disciplinarily, geographically, and systematically. Its contributors include current and future research leaders representing a variety of legal systems, methodologies, areas of expertise, and research agendas. The Handbook is divided into four parts: Approaches & Methods (I), Systems & Methods (II), Aspects & Issues (III), and Contexts & Comparisons (IV). Part I includes essays exploring various methodological approaches to criminal law (such as criminology, feminist studies, and history). Part II provides an overview of systems or models of criminal law, laying the foundation for further inquiry into specific conceptions of criminal law as well as for comparative analysis (such as Islamic, Marxist, and military law). Part III covers the three aspects of the penal process: the definition of norms and principles of liability (substantive criminal law), along with a less detailed treatment of the imposition of norms (criminal procedure) and the infliction of sanctions (prison law). Contributors consider the basic topics traditionally addressed in scholarship on the general and special parts of the substantive criminal law (such as jurisdiction, mens rea, justifications, and excuses). Part IV places criminal law in context, both domestically and transnationally, by exploring the contrasts between criminal law and other species of law and state power and by investigating criminal law's place in the projects of comparative law, transnational, and international law.

On Critical Race Theory

On Critical Race Theory
Title On Critical Race Theory PDF eBook
Author Victor Ray
Publisher Random House Trade Paperbacks
Pages 225
Release 2023-04-25
Genre Social Science
ISBN 0593446461

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What exactly is critical race theory? This concise and accessible exploration demystifies a crucial framework for understanding and fighting racial injustice in the United States. “A clear-eyed, expert field guide.”—Dr. Tressie McMillan Cottom, author of Thick From renowned scholar Dr. Victor Ray, On Critical Race Theory explains the centrality of race in American history and politics, and how the often mischaracterized intellectual movement became a political necessity. Ray draws upon the radical thinking of giants such as Ida B. Wells, W.E.B. Du Bois, and Dr. Martin Luther King, Jr., to clearly trace the foundations of critical race theory in the Black intellectual traditions of emancipation and the civil rights movement. From these foundations, Ray explores the many facets of our society that critical race theory interrogates, from deeply embedded structural racism to the historical connection between whiteness and property, ownership, and more. In succinct, thoughtful essays, Ray presents, analyzes, and breaks down the scholarship and concepts that constitute this often misconstrued term. He explores how the conversation on critical race theory has expanded into the contemporary popular conscience, showing why critical race theory matters and why we should all care.

Critical Race Theory and the American Justice System

Critical Race Theory and the American Justice System
Title Critical Race Theory and the American Justice System PDF eBook
Author Paul Zwier
Publisher
Pages 0
Release 2024-02-29
Genre
ISBN 9781036402099

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When a trial lawyer stands before a jury to argue a case about a Black victim killed by a white person, how should the lawyer best argue the case? Critical race theorists (CRTs) are pessimistic that a white jury can set aside its own racism in judging the Black victims' actions, and are skeptical of a jury's ability to fairly judge a white actor's motives. Before the George Floyd and Ahmaud Arbery killings, there was strong evidence (The Innocence Project) that the CRTs were right. After all, the prosecutors in the Ahmaud Arbery case were so convinced that a white jury in a Georgia county would not convict white vigilantes, that they initially didn't even charge the killers with a crime. However, then, back-to-back, in both cases, prosecutors prosecuted, and the jury returned guilty verdicts. They convicted Derrick Chauvin of murder. They convicted Travis and Gregory McMichael and "Roddie" William Bryant of murder. This book examines the how and why of these verdicts and asks whether they hold lessons vital to withstanding CRT challenges to the American justice system.

Critical Race Theory

Critical Race Theory
Title Critical Race Theory PDF eBook
Author Norma M. Riccucci
Publisher Cambridge University Press
Pages 114
Release 2022-03-17
Genre Business & Economics
ISBN 1009258397

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This Element explores Critical Race Theory (CRT) and its potential application to the field of public administration. It proposes specific areas within the field where a CRT framework would help to uncover and rectify structural and institutional racism. This is paramount given the high priority that the field places on social equity, the third pillar of public administration. If there is a desire to achieve social equity and justice, systematic, structural racism needs to be addressed and confronted directly. The Black Lives Matter (BLM) movement is one example of the urgency and significance of applying theories from a variety of disciplines to the study of racism in public administration.

Black Men, Invisibility and Crime

Black Men, Invisibility and Crime
Title Black Men, Invisibility and Crime PDF eBook
Author Martin Glynn
Publisher Routledge
Pages 219
Release 2013-12-04
Genre Social Science
ISBN 1134709331

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Past studies have suggested that offenders desist from crime due to a range of factors, such as familial pressures, faith based interventions or financial incentives. To date, little has been written about the relationship between desistance and racialisation. This book seeks to bring much needed attention to this under-researched area of criminological inquiry. Martin Glynn builds on recent empirical research in the UK and the USA and uses Critical Race Theory as a framework for developing a fresh perspective about black men’s desistance. This book posits that the voices and collective narrative of black men offers a unique opportunity to refine current understandings of desistance. It also demonstrates how new insights can be gained by studying the ways in which elements of the desistance trajectory are racialised. This book will be of interest both to criminologists and sociologists engaged with race, racialisation, ethnicity, and criminal justice.

Race, Racism, and American Law

Race, Racism, and American Law
Title Race, Racism, and American Law PDF eBook
Author Derrick A. Bell
Publisher Aspen Publishing
Pages 1266
Release 2023-02-01
Genre Law
ISBN 1543850308

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Intended for use with the authors’ forthcoming casebook, Race, Racism, and American Law, Seventh Edition (forthcoming 2024), Race, Racism, and American Law: Leading Cases and Materials includes significant historical and contemporary cases and materials edited with an aim to foreground the most relevant sections and passages to illustrate the crucial role of race in the formation of US law. This new edition of Derrick Bell’s groundbreaking textbook Race, Racism, and American Law, like prior versions, eschews a traditional casebook format. The locus of analysis in this text is the struggle for racial justice, and its underlying history and political context as reflected in the ongoing contestation over law, legal reform, and transformation. As such the supplement includes but is not limited to Supreme Court cases. We follow Bell’s model of locating all edited cases and materials in the supplement, reserving the book’s text to provide historical and political context for significant cases or legislative actions, along with hypothetical questions, comments, and other tools of analysis. Professors and students will benefit from: Both legal and non-legal primary source material.Leading Cases and Materials includes selected historical and contemporary cases, legislation, and other legal materials that foreground the crucial role of race and racism, and the struggle for racial justice, within and through US law. A carefully selected compilation of United States Supreme Court Cases. Each case is chosen to guide readers through elements of US jurisprudence which reflect both reform and retrenchment of societal inequity as it relates to the question of race. Cases range from significant 18th century cases such as Johnson v. McIntosh (1823) (indigenous people cannot transfer full title to land) to contemporary civil rights decisions such as Brnovich v. Democratic National Committee (2021) (further limiting the reach of the Voting Rights Act) and Comcast v. National Association of African American Owned Media (2020) (limiting protections against racial discrimination in contracting). Doctrinally and theoretically significant cases from lower federal courts and state courts. Cases from lower courts are selected to provide critical race insights into how judicial institutions outside the US Supreme Court shape doctrine and debates over race and racial inequality. Cases range from Acre v. Douglass (9th Cir. 2015) (ban on teaching of Mexican American studies found unconstitutional) to Lobato v. Taylor (Colo. 2003) (speculator attempts to divest Mexican American landowners with defective title derived from Mexico). Significant legislative and executive legal documents. This supplement includes materials going beyond traditional edited cases, reflecting the insight that a critical race analysis necessitates a grasp of law beyond the courts. Additional materials range from the United States Department of Justice Investigation of the Ferguson Police Department (2015) to the George Floyd Justice in Policing Act of 2020. Benefits for instructors and students: Provokes discussion on contemporary and historical legal controversies cases and materials edited to address issues the lens of critical race theory’s conceptual framework