NCJ Number
25814
Date Published
1972
Length
12 pages
Annotation
THE HISTORY OF LEGAL BIAS AGAINST THE PLACK MAN AND THE CURRENT, LESS OBVIOUS DISCRIMINATORY PRACTICES OF LAW AND THE COURTS ARE DETAILED.
Abstract
THE AUTHOR STATES THAT THE BARRIERS TO FAIRNESS IN TRIALS AGAINST BLACKS ARE BASICALLY OF TWO KINDS: 1) PERSONAL - THOSE RELATED TO THE RACIAL VIEWS AND ATTITUDES OF PERSONS RESPONSIBLE FOR THE DAY-TO-DAY ADMINISTRATION OF JUSTICE; AND 2) STRUCTURAL - THOSE RELATED TO THE NATURE OF OUR LEGAL SYSTEM ITSELF, ITS PROCEDURAL RULES AND SUBSTANTIVE DOCTRINES. THE MANY MANIFESTATIONS OF RACIAL DISCRIMINATION FOUND IN THE COURTS ARE DISCUSSED. THE AUTHOR CITES SUCH EXAMPLES AS: UNEQUAL PENALITIES FOR THE SAME CRIMES COMMITTED BY WHITES AND BLACKS; GREATER LENGTH OF TIME ACTUALLY SERVED IN PRISON BY BLACKS; LIMITED PROSECUTION OF WHITES IN CASES OF CRIMES AGAINST BLACKS; THE TENDENCY OF THE COURT TO BELIEVE WHITES' TESTIMONY OVER BLACKS' TESTIMONY; BLACK EXCLUSION FROM JURIES; AND BAIL DISCRIMINATION. ALSO CITED IS THE DISCRIMINATORY BEHAVIOR OF COURT PERSONNEL TOWARDS BLACK LAWYERS AND DEFENDANTS. THE AUTHOR EXPLAINS THE DISRUPTIVE COURT BEHAVIOR OF SUCH BLACK RADICALS AS THE PANTHERS AS A REFUSAL TO STAND SILENT BEFORE UNJUST PRACTICES RATHER THAN AN ATTEMPT TO IMPEDE THE TRIAL. HE CONCLUDES THAT BLACKS CANNOT RECEIVE TRIALS FREE OF BIAS IN THE UNITED STATES. (AUTHOR ABSTRACT MODIFIED)