Judicial Colorblindness, Race Neutrality, and Modern Racism: How Psychologists Can Help the Courts Understand Race Matters (From Race, Culture, Psychology, & Law, P 31-46, 2005, Kimberly Holt Barrett and William H. George, eds. -- See NCJ-216932)

• NCJ Number: 216934
• Author(s): Kimberly Holt Barrett; William H. George
• Date Published: 2005
• Length: 16 pages
• Sale Source: Sage Publications, Inc
• Publication Format: Book Chapter
• Publication Type: Issue Overview
• Language: English
• Country: United States of America

Annotation

After discussing the persistent illusion of "colorblindness" and racial neutrality in legal settings, this chapter suggests the role that psychologists might play in illuminating and remedying the impact of ignoring race and cultural diversity in the courtroom.

Abstract

The illusion of "colorblindness" and racial neutrality in legal settings is fostered by the belief that overt prejudice and racial discrimination are no longer significant legal issues in matters coming before the courts. This is linked to the belief that everyone is treated equally and objectively in the legal system and that there are no systemic biases in American society that adversely impact minority individuals. These beliefs are particularly evident in court decisions that have held that race-based programs such as affirmative action, scholarships for minority students, and funds for minority business development are unnecessary and unconstitutional due to their racially based preferential policies. The danger of courts' illusion that racial prejudice is no longer a central issue in resolving legal issues is that the courts will ignore the persistent injustices that racial minorities face in seeking equal opportunities in American society. Historically, psychologists have had an important role in educating the courts about various forms of racism and its adverse consequences for its victims. An abundance of scientific studies within the disciplines of psychology and sociology have presented empirical evidence of the mechanisms, forms, and consequences of racism, prejudice, and stereotyping. Another major tool of the clinical psychologists that is often used in legal settings is the psychological evaluation. Through interviews and assessments, the psychologist collects data on the experiences and backgrounds of people as they interact with various social and institutional conditions. Evidence of the various adverse psychological experiences of racial minorities is acquired through these evaluations. 67 references