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Full-Text Articles in Law and Race

Uncovering Juror Racial Bias, Christian Sundquist Jan 2019

Uncovering Juror Racial Bias, Christian Sundquist

Articles

The presence of bias in the courtroom has the potential to undermine public faith in the adversarial process, distort trial outcomes, and obfuscate the search for justice. In Pena-Rodriguez v. Colorado (2017), the U.S. Supreme Court held for the first time that the Sixth and Fourteenth Amendments required post-verdict judicial inquiry in criminal cases where racial bias clearly served as a “significant motivating factor” in juror decision-making. Courts will nonetheless likely struggle in interpreting what constitutes a "clear statement of racial bias" and whether such bias constituted a "significant motivating factor" in a juror's verdict. This Article will examine how …


Foreword To Latcrit 2017 Symposium: What's Next? Resistance Resilience And Community In The Trump Era, Sarudzayi M. Matambanadzo, Jorge R. Roig, Sheila I. Velez Martinez Jan 2019

Foreword To Latcrit 2017 Symposium: What's Next? Resistance Resilience And Community In The Trump Era, Sarudzayi M. Matambanadzo, Jorge R. Roig, Sheila I. Velez Martinez

Articles

In this Foreword, we strive to contextualize “LatCrit XXI: What’s Next?” against the backdrop of two crises: the current political crisis in the United States and the continuing crisis of scarcity that impacts the legal academy. Through an examination of these crises, we will reveal how LatCrit scholars, in their efforts to build community and in their commitment to critical outsider scholarship, are part of the constellations of resistance that struggle against el mundo malo. We will argue that LatCrit has become a necessary institution for those seeking to engage in persistent resistance and dissent in the critical and progressive …