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- Discrimination (2)
- Racial profiling (2)
- African Americans (1)
- Criminal justice system treatment of ethnic and cultural minorities; constitutional protection afforded minority suspects; Fifth Amendment rights; rules of invocation; Miranda v. Arizona; Section 3501 of the Omnibus Crime Control and Safe Streets Act of 1968; Supreme Court activism; Davis v. United States; discriminatory impact of the Davis requirements; unequivocal assertion of need for an attorney; cultural differences in asserting rights; indirect speech conventions; (1)
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- Race and law (1)
- Race-based traffic stops (1)
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- Routine detention under Fourth Amendment where race may be factor; probable cause; detentions as pretexts for selective enforcement of laws; subjective intentions of police officers; Terry v. Ohio; impact of watering down reasonable suspicion standard; pretext traffic stops; rationale of Whren; (1)
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Articles 1 - 5 of 5
Full-Text Articles in Law and Race
It Is Not Right Under The Constitution To Stop And Frisk Minority People Because They Don't Look Right, L. Darnell Weeden
It Is Not Right Under The Constitution To Stop And Frisk Minority People Because They Don't Look Right, L. Darnell Weeden
University of Arkansas at Little Rock Law Review
No abstract provided.
Say It Loud: Indirect Speech And Racial Equality In The Interrogation Room, C. Antoinette Clarke
Say It Loud: Indirect Speech And Racial Equality In The Interrogation Room, C. Antoinette Clarke
University of Arkansas at Little Rock Law Review
No abstract provided.
The Charleston Policy: Substance Or Abuse?, Kimani Paul-Emile
The Charleston Policy: Substance Or Abuse?, Kimani Paul-Emile
Michigan Journal of Race and Law
In 1989, the Medical University of South Carolina (MUSC) adopted a policy that, according to subjective criteria, singled out for drug testing, certain women who sought prenatal care and childbirth services would be tested for prohibited substances. Women who tested positive were arrested, incarcerated and prosecuted for crimes ranging from misdemeanor substance possession to felony substance distribution to a minor. In this Article, the Author argues that by intentionally targeting indigent Black women for prosecution, the MUSC Policy continued the United States legacy of their systematic oppression and resulted in the criminalizing of Black Motherhood.
Redressing The Imbalances: Rethinking The Judicial Role After R. V R.D.S., Dianne Pothier, Richard Devlin
Redressing The Imbalances: Rethinking The Judicial Role After R. V R.D.S., Dianne Pothier, Richard Devlin
Dianne Pothier Collection
The Decision of the Supreme Court of Canada in R. v. R.D.S. dealt with whether a trial judge's comments, about interactions between police officers and "non-white groups", gave rise to a reasonable apprehension of bias in the circumstances. They strongly criticize the contrary ruling of the dissent as inappropriately drawing a false dichotomy between decisions based on evidence and decisions based on generalizations, and as improperly ignoring social context with an unwarranted confidence in the ideology of colour blindness. While more supportive of the majority's analysis, the authors also find cause for concern, with somewhat different emphasis in the nature …
The Stories, The Statistics And The Law: Why 'Driving While Black' Matters University Of Minnesota Law Review, Vol. 84, No. 2, 1999, David A. Harris
The Stories, The Statistics And The Law: Why 'Driving While Black' Matters University Of Minnesota Law Review, Vol. 84, No. 2, 1999, David A. Harris
Articles
Racial profiling of drivers - often called "driving while black" - has taken an increasingly important role in the public debate on issues of race and criminal justice. It is one of the few such issues that has penetrated not only the public discourse, but the legislative process as well. This article takes three different approaches in attempting to explain that racial profiling is important not only for its own sake, but because it is a manifestation - both a symbol and a symptom - of all of the most difficult problems that we face at the intersection of race …