Race Crime And The Law

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.

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.

"The second edition of Race, Ethnicity, Crime, and Justice presents the latest research on studies of race, ethnicity, and justice practices at the juvenile and adult levels. With a focus on intersectionality, the text shows how these extralegal factors interact with others to help understand outcomes such as disparities in excessive use of force by the police and court sentencing, as well as disproportionate minority confinement in corrections. Designed to be brief yet thorough, the text covers the most important issues related to race and ethnicity as they pertain to the law, crime and delinquency, policing, courts, and corrections. Race, Ethnicity, Crime, and Justice is highly readable and classroom friendly while also making a meaningful contribution to the literature on the topic"--

In this original and cutting-edge new textbook, Mike Rowe explores the key topics in race and crime. Examining the main issues from a historical and comparative approach, the book fully situates arguments and ideas in a global context with contemporary examples. Encouraging readers to think critically about well-worn debates, Race & Crime covers a diverse range of issues, including: Representation and Disproportionality Victimisation Human Rights Terrorism Popular Culture Governance As with all books in the Key Approaches to Criminology series, Race & Crime features extensive learning features to help students to fully engage with topics covered. These include: chapter overviews, study questions, further reading and key terms. Stylishly written yet accessible, Race & Crime will prove invigorating, vital reading for students in criminology, sociology, race and ethnic studies, and cultural studies. The Key Approaches to Criminology series celebrates the removal of traditional barriers between disciplines and, specifically, reflects criminology’s interdisciplinary nature and focus. It brings together some of the leading scholars working at the intersections of criminology and related subjects. Each book in the series helps readers to make intellectual connections between criminology and other discourses, and to understand the importance of studying crime and criminal justice within the context of broader debates. The series is intended to have appeal across the entire range of undergraduate and postgraduate studies and beyond, comprising books which offer introductions to the fields as well as advancing ideas and knowledge in their subject areas.

In a post-Macpherson, post-9/11 world, criminal justice agencies are adapting their responses to criminal behaviour across diverse ethnic groups. Race, Crime and Resistance draws on contemporary theory and a range of case studies to consider racial inequalities within the criminal justice system and related organisations. Exploring the mechanisms of discrimination and exclusion, the book goes beyond superficial assumptions to examine the ensuing processes of mobilisation and resistance across disadvantaged groups. Empirically grounded and theoretically informed, the book critically unpicks the persisting concepts of race and ethnicity in the perceptions and representations of crime. Articulate and sensitive, the book clarifies complex ideas through the use of chapter summaries, case studies, further reading and study questions. It is essential reading for students and scholars of criminology, race and ethnicity, and sociology.

In a collection of compelling contributions to the study of the nexus between race, crime, and justice, noted scholars in the field critique many long-held assumptions and myths about race, challenging criminal justice policymakers to develop new and effective strategies for dealing with the social problems such misunderstandings create. In sections devoted to criminological theory, law enforcement, courts and the law, juvenile delinquency, and gender, contributors endeavor to dispel myths about African-American involvement in the criminal justice system. In so doing, a number of important facts are established about the race/crime nexus. For example, in an analysis of criminological theory, it is concluded that race, as a singular social factor, has not been adequately represented in existing paradigms. The subject of police profiling of African-Americans reveals an evolution of court decisions that have marginalized, rather than liberated, African-Americans since slavery. Each contributor challenges both the reader and the criminal justice system to develop meaningful strategies for addressing the racism that still pervades our system of justice. A chapter on women of color in prison makes a compelling argument that such institutions often represent safer environments than the life on the streets women leave behind. This persuasive volume will be of interest to undergraduate and graduate students as well as faculty in Sociology, Criminal Justice, policy development, African-American and Women's Studies.

Race, Crime and the Media encourages students to think critically about the realities of the criminal justice system, the media and race. Through a collection of original readings that address the subject in a way that is balanced and provocative, students will become aware about the power and influence of the media and the role it plays in the characterization of crimes committed about racial minorities. This book represents an effort to draw attention to the intersection of race, crime and the media, by raising questions about the influence of the media on how we think.

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.