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Full-Text Articles in Law and Race
Antiracist Remedial Approaches In Judge Gregory’S Jurisprudence, Leah M. Litman
Antiracist Remedial Approaches In Judge Gregory’S Jurisprudence, Leah M. Litman
Articles
This piece uses the idea of antiracism to highlight parallels between school desegregation cases and cases concerning errors in the criminal justice system. There remain stark, pervasive disparities in both school composition and the criminal justice system. Yet even though judicial remedies are an integral part of rooting out systemic inequality and the vestiges of discrimination, courts have been reticent to use the tools at their disposal to adopt proactive remedial approaches to address these disparities. This piece uses two examples from Judge Roger Gregory’s jurisprudence to illustrate how an antiracist approach to judicial remedies might work.
Racial Bias Still Exists In Criminal Justice System? A Review Of Recent Empirical Research, Yu Du
Racial Bias Still Exists In Criminal Justice System? A Review Of Recent Empirical Research, Yu Du
Touro Law Review
The debate on whether racial bias is still embedded in the criminal justice (CJ) system today has reached its plateau. One recent article in the Washington Post has claimed an overwhelming evidence of racial bias in the CJ system. Whereas some scholars argue that racial disparity is an epitome of real crime rates, others indicate that implicit and/or explicit racial bias against Blacks held by law enforcement agents persists in the system. This review considers both supporting arguments and relevant counterarguments. After evaluating empirical and rigorous research during the past five years, the review maintains that racial bias still exists …