How, if at all, should race figure in criminal trials with a jury? How far should attorneys be allowed or encouraged to probe the racial sensitivities of jurors and what does this mean for the appropriate way to present cases which involve racial profiling and, therefore, are likely to pit the words and actions of a white policeman against those of a young black man?

This paper shows that the problem of treating people as equals in a world marked by deep-seated and, often, recalcitrant inequalities has implications for the way we approach the provision of security and justice. On the one hand, it means that racial profiling will generally be unjustified even when it might promote collective interests in security, on the other, it means that we should strive to create racially mixed juries, even in cases where defendant and alleged-victim are of the (...) same race. The paper examines a recent report on race and jury trials in the United Kingdom and concludes that, despite the author's claims that all-white juries are fair, the data shows the complex ways in which racial differences are translated into unjustified and arbitrary inequalities. Hence, it concludes, racially mixed juries are desirable, and sometimes necessary for justice, though probably not sufficient. (shrink)

In their article, “Racial Profiling,” Risse and Zeckhauser offer a qualified defense of racial profiling in a racist society, such as the contemporary United States of America. It is a qualified defense, because they wish to distinguish racial profiling as it is, and as it might be, and to argue that while the former is not justified, the latter might be. Racial profiling as it is, they recognize, is marked by police abuse and the harassment of (...) racial minorities, and by the disproportionate use of race in profiling.These, on their view, are unjustified. But, they contend, this does not mean that all forms of racial profiling are unjustified, even in a racist society, or that one has to be indifferent to the harms of racism to believe that this is so. Indeed, one of the aims of their article is to show that racial profiling, suitably qualified, “is consistent with support for far-reaching measures to decrease racial inequities and inequality” (p. 134), and so to challenge the assumption that “arguments in support of profiling can speak only to those who callously disregard the disadvantaged status of racial minorities.” In a long and provocative article there is, inevitably, a great deal to discuss. However, I will concentrate on two claims about the harms of racial profiling advanced on page 146, both because these merit careful discussion and because they are critical to Risse and Zeckhauser’s argumentative strategy. Those two claims are (1) that “the harm caused byprofiling per se is largely due to underlying racism” and is, therefore, purely expressive; and (2) that “the incremental harm done by profiling often factors into utilitarian considerations in such a way as to support profiling.” We can call the first the expressive harm thesis and the second the incremental harm thesis. I am no expert on racial profiling, or on racism, however, I will suggest that these two theses are far more controversial than Risse and Zeckhauser assume, and point to serious difficulties with their justification of profiling. (shrink)

It might seem that racial profiling by doctors raised few of the same concerns as racial profiling by police, immigration, or airport security. This paper argues that the similarities are greater than first appear. The inappropriate use of racial generalizations by doctors may be as harmful and insulting as their use by law enforcement officials. Indeed, the former may be more problematic in compromising an ideal of individualized treatment that is more applicable to doctors than to police. (...) Yet doctors, unlike police, should not attempt to ignore race altogether. Race and ethnicity are associated with the geography of disease, with social and cultural factors relevant to disease, and, to some extent, with genetic predispositions to disease. Moreover, greater attention to the distinctive health conditions of certain racial and ethnic groups is necessary to make up for past neglect. But it will be a tricky business to steer a middle course between a naïve, reckless, or dogmatic color blindness and a stereotype-driven overreliance on race and ethnicity. In trying to steer such a course, the doctor can only hope for the day when a combination of more individualized genomic medicine and greater social equality will make it possible for her to pay less attention to race and ethnicity without detriment to her patients' health. (shrink)

According to Mathias Risse and Richard Zeckhauser, racial profiling can be justified in a society, such as the contemporary United States, where the legacy of slavery and segregation is found in lesser but, nonetheless, troubling forms of racial inequality. Racial profiling, Risse and Zeckhauser recognize, is often marked by police abuse and the harassment of racial minorities and by the disproportionate use of race in profiling. These, on their view, are unjustified. But, they contend, this does (...) not mean that all forms of racial profiling are unjustified; nor, they claim, need one be indifferent to the harms of racism in order to justify racial profiling. In fact, one of the aims of their paper is to show that racial profiling, suitably understood, “is consistent with support for far-reaching measures to decrease racial inequities and inequality.” Hence, one of their most striking claims, in an original and provocative paper, is that one can endorse racial profiling without being in any way indifferent to the disadvantaged status of racial minorities. In an initial response to these claims, I argued that Risse and Zeckhauser tend to underestimate the harms of racial profiling. I suggested two main reasons why they did so. The first is that they tend to identify the more serious harms associated with profiling with background racism, and therefore to believe that these are not properly attributable to profiling itself. The second reason is that they ignore the ways in which background racism makes even relatively minor harms harder to bear and to justify than would otherwise be the case. Hence, I concluded, racial profiling cannot be a normal part of police practice in a society still struggling with racism, although under very special conditions and with special regulation and compensation in place, it might be justified as an extraordinary police measure. I want to stand by those claims. However, Risse’s response to my arguments persuades me that I misinterpreted his earlier position in one significant respect. So I will start by explaining what interpretive mistake I believe that I made. I will then argue that despite Risse’s patient and careful response to my arguments, my initial concerns with his justification of profiling remain valid. -/- . (shrink)

Philosophical reflection on racial profiling tends to take one of two forms. The first sees it as an example of ‘statistical discrimination,’ (SD), raising the question of when, if ever, probabilistic generalisations about group behaviour or characteristics can be used to judge particular individuals.(Applbaum 2014; Harcourt 2004; Hellman, 2014; Risse and Zeckhauser 2004; Risse 2007; Lippert-Rasmussen 2006; Lippert-Rasmussen 2007; Lippert-Rasmussen 2014) . This approach treats racial profiling as one example amongst many others of a general problem in egalitarian (...) political philosophy, occasioned by the fact that treating people as equals does not always require, or permit, us to treat them the same. The second form is concerned with how racial profiling illuminates the nature, justification, and reproduction of hierarchies of power and privilege based on skin colour and morphology. This form of reflection on racial profiling is therefore less about the justification for judging people based on the characteristics of the group to which they (appear to) belong, and more concerned with the specific ways in which the association of racialized minorities – and, in particular, black people – with crime, contributes to, and reflects, racial inequality, and oppression.(Kennedy 1998; Zack, 2015; Lever, 2005; Lever 2007). Both approaches to profiling have much to recommend them and, taken together, they form an essential component of the political philosophy of race. The statistical approach has the merits of linking racial profiling, as practice, to a body of other practices that generate and justify inequalities based on factors other than race, but it typically offers little by way of insight into the role of racial profiling itself in sustaining racial inequality and injustice. The racial construction approach, for obvious reasons, is rather better at the latter task, but its insights tend to come at the price of a broader understanding of the ways in which inequality is reproduced and justified, or of the ethical dilemmas raised by our competing claims to security. As we will see, insights from both approaches can be synthesized to clarify what, if anything, is wrong with racial profiling and what broader conclusions for equality and security follow from the study of profiling. (shrink)

I argue that a compelling way to articulate what is wrong with racial profiling in policing is to view racial profiling as a violation of the presumption of innocence. I discuss the communicative nature of the presumption of innocence as an expression of social trust and a protection against the social condemnation of being undeservingly investigated, prosecuted, and convicted for committing a crime. I argue that, given its communicative dimension, failures to extend the presumption of innocence are an (...) expression of disrespect. I take the New York Police Department’s stop-and-frisk policy as an example of racial profiling and argue that its use of race-based forms of suspicion as reasons for making stops is a violation of the presumption of innocence. I maintain that this systemic failure to extend the presumption of innocence to profiled groups reveals the essentially disrespectful nature of the NYPD policy. (shrink)

According to the main argument in favour of the practice of racial profiling as a low enforcement tactic, the use of race as a targeting factor helps the police to apprehend more criminals. In the following, this argument is challenged. It is argued that, given the assumption that criminals are currently being punished too severely in Western countries, the apprehension of more criminals may not constitute a reason in favour of racial profiling at all.

Many oppose the use of profile evidence against defendants at trial, even when the statistical correlations are reliable and the jury is free from prejudice. The literature has struggled to justify this opposition. We argue that admitting profile evidence is objectionable because it violates what we call “equal protection”—that is, a right of innocent defendants not to be exposed to higher ex ante risks of mistaken conviction compared to other innocent defendants facing similar charges. We also show why admitting (...) other forms of evidence, such as eyewitness, trace, and motive evidence, does not violate equal protection. (shrink)

This article analyses the moral status of racial profiling from a consequentialist perspective and argues that, contrary to what proponents of racial profiling might assume, there is a prima facie case against racial profiling on consequentialist grounds. To do so it establishes general definitions of police practices and profiling, sketches out the costs and benefits involved in racial profiling in particular and presents three challenges. The foundation challenge suggests that the shifting of burdens onto marginalized minorities (...) may, even when profiling itself is justified, serve to prolong unjustified police practices. The valuation challenge argues that although both costs and benefits are difficult to establish, the benefits of racial profiling are afflicted with greater uncertainty than the costs, and must be comparatively discounted. Finally, the application challenge argues that using racial profiling in practice will be complicated by both cognitive and psychological biases, which together reduce the effectiveness of profiling while still incurring its costs. Jointly, it is concluded, these challenges establish a prima facie case against racial profiling, so that the real challenge consists in helping officers practice the art of the police and not see that which it is useless that they should see. (shrink)

Equality before the law is one of the fundamental guarantees citizens expect in a just and fair society. We argue that recent trend toward mass incarceration, which has had vastly disproportionate impact on African Americans, is undermining this claim to fairness and raises a serious legitimacy problem for the legal system as a whole. Using original data from the Race, Crime and Public Opinion study we show that African Americans view the 'War on Drugs" as racially biased in its implementation. (...) This perception of bias consequentially undermines legal system legitimacy by lowering blacks' expectations for police performance in their communities and encouraging receptivity to appeals for jury nullification based on race. (shrink)

Counter-terrorism officials in the USA and the UK responded to the events of 11 September 2001 and 7 July 2005 with an increasing resort to the use of ?intelligence-led policing? methods such as racial and religious profiling. Reliance on intelligence, to the effect that most people who commit a certain crime have a certain ethnicity, can lead to less favourable treatment of an individual with that ethnicity because of his membership in that group, not because of any act he (...) is suspected or known to have committed. This paper explains the context in which intelligence-led policing flourishes, and how this discussion contributes to the profiling debate in both the USA and the UK, and then sets out two key contentions. First, we argue that Article 14 ECHR as applied under the UK Human Rights Act has a more protective, and less ?prosecutorial?, conception of discrimination than has the US Equal Protection Clause, meaning that judges need not find a discriminatory motive to find that discrimination has occurred. Second, we contend that Article 14 provides the judiciary with the key tool of proportionality, which, when properly applied, makes it harder for discrimination to stand up to scrutiny. (shrink)

Preview: No shortage of bigotry and prejudice can be found around the world. But why race to the bottom and compete for a monopoly on tragedy in human mistreatment? The philosophy of race is an intricate piece to the study of language, art, history, and culture and wants to learn about elsewhere and distant others. How we go about understanding the issues of identity politics and what solidifies a community’s sense of purpose and mythic consciousness hinges upon our attitudes toward (...) cultures and ethno-racial relations. When it comes to the migrant crises, socio-economic conditions aggravating inequalities, or geo-political conflicts, for example, people’s premonitions about race largely inform how they respond to the demands for social justice. Tracing the trajectory from chattel slavery, the trail of tears, Jim Crow laws and lynchings, the civil rights movements, police brutality and profiling, to Black Lives Matter should we be believers or skeptics of racial progress? Our global ethnoscape and diasporic makeup is vast and complex. Due to this, studying race is emerging from the backwaters of academia and becoming an essential mode of inquiry, especially in African American philosophy and philosophy of culture. Similar to the “linguistic turn,” philosophy is undergoing a “racial turn” of sorts. Philosophy’s transdisciplinary nature is well-suited to examine this ethno-racial complexity, but has not lived up to its potential by failing to take more seriously the social disadvantages endured by underrepresented groups. In many ways, philosophy contributed to the dark history of grounding antiblack racism in biology, anthropology, the social sciences, and speculative metaphysics. Hence, it is vital that all practioners in our profession, especially philosophers of culture, work on behalf of reconciliation and atonement for such sins. Furthermore, confronting questions about racism and social justice will “improve philosophy” as Naomi Zack and others have argued. (shrink)

Studies have shown that a person can consciously believe that they value racial equality and desire not to perpetuate racial stigmas, but unwittingly exhibit racist attitudes and beliefs. In order to explain this discrepancy between conscious beliefs and behavior, scholars have turned their attention to unconscious racial prejudice. One approach that is gaining wide acceptance is the Implicit Bias Model, which appeals to distinct implicit and explicit cognitive processes, coupled with an account of the ways in which (...) people unconsciously internalize widespread stereotypes and stigmas. This article claims that although the Implicit Bias Model is in many respects useful, it leaves out a central aspect of unconscious racial prejudice: the underlying motivations and incentives for harboring racist attitudes and beliefs, which generate psychological resistances to knowing about or changing prejudices. A more complete account of unconscious racial prejudice can be developed by turning to theories of active ignorance, which contribute to what this article calls the Resistance Model. (shrink)

Purpose This study aims to explore whether face recognition technology – as it is intensely used by state and local police departments and law enforcement agencies – is racism free or, on the contrary, is affected by racial biases and/or racist prejudices, thus reinforcing overall racial discrimination. Design/methodology/approach The study investigates the causal pathways through which face recognition technology may reinforce the racial disproportion in enforcement; it also inquires whether it further discriminates black people by making them (...) experience more racial discrimination and self-identify more decisively as black – two conditions that are shown to be harmful in various respects. Findings This study shows that face recognition technology, as it is produced, implemented and used in Western societies, reinforces existing racial disparities in stop, investigation, arrest and incarceration rates because of racist prejudices and even contributes to strengthen the unhealthy effects of racism on historically disadvantaged racial groups, like black people. Practical implications The findings hope to make law enforcement agencies and software companies aware that they must take adequate action against the racially discriminative effects of the use of face recognition technology. Social implications This study highlights that no implementation of an allegedly racism-free biometric technology is safe from the risk of racially discriminating, simply because each implementation leans against our society, which is affected by racism in many persisting ways. Originality/value While the ethical survey of biometric technologies is traditionally framed in the discourse of universal rights, this study explores an issue that has not been deeply scrutinized so far, that is, how face recognition technology differently affects distinct racial groups and how it contributes to racial discrimination. (shrink)

The practice of using race or ethnic origin as a distinguishing feature of populations or individuals seeking health care is a universal and well-accepted custom in medicine. Although the origin of this practice may, in part, reflect past prejudicial attitudes, its use today can certainly be defended as a useful means of improving diagnostic and therapeutic efforts. Indeed, the tradition of dividing populations by some racial distinction in clinical research has nearly always revealed differences in mechanisms of disease and (...) disease frequency that can enhance diagnostic and therapeutic precision.At the conference occasioning this symposium, Professors Duster and Rotimi provided persuasive evidence that so-called race is not an accurate way to distinguish populations and that identification by race has led to serious prejudice. Professor Cho pleaded that race should never be used to characterize population differences. (shrink)

Prior studies have shown a general preference among citizens for juries over judges. Researchers, however, have not considered whether race and ethnicity modify this preference. We hypothesized that minorities (African-Americans, Hispanics), who generally express less trust in the legal system, may also express less trust in juries than non-Hispanic whites. We asked a representative sample of 1,465 residents of Texas to state whether they would prefer a jury or a judge to be the decision maker in four hypothetical circumstances. (...) Consistent with expectations, non-Hispanic whites favored juries over judges, particularly if they imagined themselves as a defendant in a criminal trial. By comparison, although African-Americans and some Hispanics generally favored juries, they showed a much weaker set of jury preferences. African Americans had markedly lower support for the civil jury, but support was higher among minorities with prior jury service. Among Hispanics, respondents who took the survey in Spanish typically preferred a judge to make legal decisions. We consider the implications of our findings for trust in the jury system and trust in community members as decision makers. (shrink)

Racial profiling has come under intense public scrutiny especially since the rise of the Black Lives Matter movement. This article discusses two questions: whether racial profiling is sometimes rational, and whether it can be morally permissible. It is argued that under certain circumstances the affirmative answer to both questions is justified.

This paper presents a novel framework for evaluating racial profiling, including 'rational profiling' that does in fact decrease crime rates. It argues that while profiling some groups, such as African Americans and Muslims, is impermissible, profiling others, such as white men, may be permissible. The historical and sociological context matters significantly. Along the way, the paper develops a new theory of what expressive harms are, why they matter, and when it is the responsibility of the state to correct them.

Examining racial profiling in American policing, Naomi Zack argues against white privilege discourse while introducing a new theory of applicative justice. Deepening understanding without abandoning hope, Zack shows why it is more important to consider black rights than white privilege as we move forward through today's culture of inequality.

In this paper I respond to Mathias Risse's objections to my critique of his views on racial profiling in Philosophy and Public Affairs. I draw on the work of Richard Sampson and others on racial disadvantage in the USA to show that racial profiling likely aggravates racial injustices that are already there. However, I maintain, clarify and defend my original claim against Risse that racial profiling itself is likely to cause racial injustice, even if (...) we abstract from unfair background conditions. I then respond to Levin's claims that there is no serious racial injustice in the contemporary USA and differentiate between Risse's attempt - albeit unsuccessful - to provide an egalitarian justification for racial profiling from the frankly inegalitarian assumptions that underpin the claims of Michael Levin. (shrink)

Kant scholars have paid relatively little attention to his raciology. They assume that his racism, as personal prejudice, can be disentangled from his core philosophy. They also assume that racism contradicts his moral theory. In this book, philosopher Huaping Lu-Adler challenges both assumptions. She shows how Kant's raciology--divided into racialism and racism--is integral to his philosophical system. She also rejects the individualistic approach to Kant and racism. Instead, she uses the notion of racism as ideological formation to demonstrate how Kant, (...) from his social location both as a prominent scholar and as a lifelong educator, participated in the formation of modern racist ideology. As a scholar, Kant developed a ground-breaking scientific theory of race from the standpoint of a philosophical investigator of nature or Naturforscher. As an educator, he transmitted denigrating depictions of the racialized others and imbued those descriptions with normative relevance. In both roles, he left behind, as one of his legacies, a worldview that excluded non-whites from such goods as recognitional respect and candidacy for cultural and moral achievements. Scholars who research and teach Kant's philosophy therefore have an unshakable burden to take part in the ongoing antiracist struggles, through their teaching practices as well as their scholarship. And they must do so with a pragmatic attention to nonideal social realities and a deliberate orientation toward substantial racial justice, equality, and inclusion. Lu-Adler pushes the discourse about Kant and racism well beyond the old debates about whether he was racist or whether his racism contaminates his philosophy. By foregrounding the lasting legacies of Kant's raciology, her work calls for a profound reorientation of Kant scholarship. (shrink)

The justice of racial profiling is addressed in the original position first for a society without racism, then for a society marked by racism. In the first case, the practice is argued to be just if carried out respectfully and expeditiously and likely to contribute to effective crime control. Thus it is not intrinsically racist. Addressing the second case, the idea that the harms of racial profiling are modest because expressive is critiqued. The practice is shown to carry (...) the danger of producing rights-violations by increasing the incidence of racist attitudes and practices. It is argued to be just in a society marked by racism if done under special supervision, and only to aid in apprehending dangerous criminals. (shrink)

abstract A police technique known as racial profiling draws on statistical beliefs about crime rates in racial groups. Supposing that such beliefs are true, and that racial profiling is effective in fighting crime, is such profiling morally justified? Recently, Risse and Zeckhauser have explored the racial profiling of African‐Americans and argued that justification is forthcoming from a utilitarian as well as deontological point of view. Drawing on criticisms made by G. A. Cohen of the incentives argument (...) for inequality, I argue that, assuming that crime rates between different racial groups would converge in the absence of racial discrimination and unjust inequality, racial profiling is comprehensively unjustified. I also explain that, because Risse and Zeckhauser simply compare the status quo with an outcome that differs from it only in respect of the practice of racial profiling, they fail to show that such profiling is non‐comprehensively justified. And, exploring the problem from the point of view of a deontological concern for fairness, I identify a number of situations in which it would be non‐comprehensively unjustified to implement racial profiling (as well as some in which it might be non‐comprehensively unjustified not to implement racial profiling). (shrink)

In both Great Britain and the United States there has been a growing debate about the modern acceptability of jury nullification. Properly understood, juries do not have any constitutional right to ignore the law, but they do have the power to do so nevertheless. Juries that nullify may be motivated by a variety of concerns: too harsh sentences, improper government action, racism, etc. In this article, I shall attempt to defend jury nullification on a number of grounds. First, (...) I discuss the use of general verdicts and reject their replacement in criminal trials by special verdicts. Second, I examine verdicts based upon mistakes and racial prejudice, turning my attention to perverse verdicts and the question of whether or not juries are guilty of legislating when nullifying the law. Finally, I look at the problem of the awarding of excessive damages by juries. My goal will be to provide a sound theoretical defence of the practice of jury nullification. (shrink)

ABSTRACT Socioeconomic disparities between whites and blacks are pervasive in American society. Structuring of the discussion of these disproportions is the liberal race relations paradigm. According to Racial Liberalism, racial inequalities are an impermanent feature of American society because they are due primarily to race prejudice and discriminatory practices, which are continuously diminishing among whites. Challenging this view is Racial Realism. Racial Realism attributes the persistence of racial inequality to institutional privileges whites retain and refuse (...) to relinquish whether or not they are conscious of them. I argue that Racial Realism, with some qualification, is the better explanation for the persistence of racial inequality. Racial inequalities will persist, because American society and its entrenched institutions continue to affirm, white supremacy. (shrink)

In 2001, three non-Aboriginal men in their twenties were charged with the sexual assault of a twelve year old Aboriginal girl in rural Saskatchewan. Legal proceedings lasted almost seven years and included two preliminary hearings, two jury trials, two retrials with juries, and appeals to the provincial appeal court and the Supreme Court of Canada. One accused was convicted. The case raises questions about the administration of justice in sexual assault cases in Saskatchewan. Based on observation and analysis of (...) the record, this paper: (1) examines relationships between legal errors dealing with availability of the defence of “belief in consent” and interpretation of the “all reasonable steps” provision, the need for retrials, and apprehended race-gender-age bias and discrimination; and 2) proposes incremental and systemic remedies to address the weaknesses in police, prosecutorial and judicial policy and practice highlighted by this case. (shrink)

A number of philosophers argue that law enforcement officers may have good reasons to racially profile suspects under certain conditions. Their conclusions rest on a claim of epistemic rationality: if members of some races are at an increased risk of criminality, then it may be rational for law enforcement officers to subject them to increased scrutiny. In this paper I contest the epistemic rationality of racial profiling by appealing to recent work in criminology and the sociology of race and (...) crime. I argue that recent studies indicate that race is a comparatively poor baseline for judging criminality. Law enforcement officers are therefore not making a cognitive error by ignoring race to focus on other correlates of crime but are keeping up with our best social science. (shrink)

Today’s urban schools provide a unique intergroup context in which the students vary not only by race/ethnicity but also by the relative representation of their racial/ethnic groups. In two studies, we examined how this diversity aligns with intersectionality and multiple identities perspectives to affect the power and status associated with each group to shape intergroup dynamics. Study 1 focused on the perception of intergroup bias to investigate how perceived presence of same-race/ethnicity peers affects middle school students’ intersectional intergroup attitudes (...) based on race/ethnicity, gender, and sexual orientation. Middle school students were randomly assigned to view Facebook-like profiles of peers that varied by gender, race/ethnicity, and sexual orientation and offered their first impressions as a way to assess various domains of intergroup attitudes. The perceived presence of same-race/ethnicity peers influenced intersectional intergroup attitudes, however, differentially so depending on stereotypes, prejudice, and behavioral tendencies. Study 2 focused on the experience of intergroup bias and simultaneously examined race, gender, and weight discrimination and its consequences among middle school students. Using latent profile analysis, five profiles of youth based on the pattern of perceived discrimination due to gender, race/ethnicity, and weight were identified. Being African American, Latinx, and male with a high body mass index and few same-race/ethnicity peers at school predicted membership in a race profile, whereas being White or Asian with high BMI and more same-race/ethnicity peers predicted membership in a weight profile. Perceiving oneself as gender atypical was associated with all discrimination profiles. (shrink)

In response to Zack’s “White Privilege​ and Black Rights”, I consider her account of the hunting schema in light of police violence against black women. I argue that although Zack provides us with a compelling account of racial profiling and police brutality, the emotional aspect she attributes to the hunting schema is too charitable. I then claim that Zack’s hunting schema fails to account for state violence against black women and in doing so she only tells a partial story (...) of comparative injustice as it relates to police brutality of blacks. (shrink)

This volume considers the ethics of policing and imprisonment, focusing particularly on mass incarceration and police shootings in the United States. The contributors consider the ways in which non-ideal features of the criminal justice system―features such as the prevalence of guns in America, political pressures, considerations of race and gender, and the lived experiences of people in jails and prisons―impinge upon conclusions drawn from more idealized models of punishment and law enforcement. There are a number of common themes running throughout (...) the chapters. One is the contrast between idealism and realism about justice. Another is the attention to harmful consequences, not only of prisons themselves, but to the events that often precede incarceration, including encounters with police and pre-trial detention. A third theme is the legacy of racism in the United States and the role that the criminal justice system plays in perpetuating racial oppression. (shrink)

Pursuing Trayvon Martin: Historical Contexts and Contemporary Manifestations of Racial Dynamics explores the historical implications of the fatal shooting of the unarmed black teen, Trayvon Martin, by George Zimmerman, in 2012. The book telescopes various themes that are important to a broad market, including race, masculinity, racial profiling, racist stereotyping, black youth and police violence, and racism.

Pursuing Trayvon Martin: Historical Contexts and Contemporary Manifestations of Racial Dynamics explores the historical implications of the fatal shooting of the unarmed black teen, Trayvon Martin, by George Zimmerman, in 2012. The book telescopes various themes that are important to a broad market, including race, masculinity, racial profiling, racist stereotyping, black youth and police violence, and racism.

Debates about effective responses to the COVID-19 pandemic have emphasized the paramount importance of digital tracing technology in suppressing the disease. So far, discussions about the ethics of this technology have focused on privacy concerns, efficacy, and uptake. However, important issues regarding power imbalances and vulnerability also warrant attention. As demonstrated in other forms of digital surveillance, vulnerable subpopulations pay a higher price for surveillance measures. There is reason to worry that some types of COVID-19 technology might lead to the (...) employment of disproportionate profiling, policing, and criminalization of marginalized groups. It is, thus, of crucial importance to interrogate vulnerability in COVID-19 apps and ensure that the development, implementation, and data use of this surveillance technology avoids exacerbating vulnerability and the risk of harm to surveilled subpopulations, while maintaining the benefits of data collection across the whole population. This paper outlines the major challenges and a set of values that should be taken into account when implementing disease surveillance technology in the pandemic response. (shrink)

Taking Hobbesian logic as my starting point, I argue that Hobbesian diffidence, one of the causes of quarrel in the state of nature, does not disappear once the citizens enter civil society. Rather, diffidence is merely contained by the sovereign. Following Alice Ristroph, I argue that diffidence comes to shape what citizens demand of the state/sovereign in the criminal law. However, I show that Ristroph does not fully appreciate that the concept of diffidence is a racialized one, and as such, (...) race underlies how the citizens understand their own diffidence, what citizens demand of the sovereign, and how they demand it. Further, because diffidence itself is racialized, criminal law need not make explicit appeals to race. Once racialized diffidence becomes embedded in the criminal law, it remains there regardless of any conscious racial animus. I show that racial profiling is a prime example of how this racialized diffidence manifests. Thus, I present Hobbesian diffidence as a framework from which to understand racial oppression. This paper is primarily an application of Hobbes to contemporary issues rather than an exegesis and analysis of Hobbes’s views. (shrink)

Criminal juries in the United States typically deliver their decisions through a “general verdict,” expressing only their ultimate conclusion of “guilty” or “not guilty,” rather than through a “special verdict” that identifies whether each element of the charged crime has been proven beyond a reasonable doubt. American courts have broadly favored the use of general verdicts in criminal cases due to concerns that the special verdict will curtail the jury’s decision-making autonomy, including its power to nullify the law in (...) favor of the defense, potentially undermining the criminal defendant’s constitutional right to trial by jury. This Article confronts the legal status quo on verdict format and its underlying, untested assumptions. Drawing upon prior psychology findings and legal professionals’ anecdotal observations, it questions whether the general verdict poses its own under-acknowledged threats to the rights of criminal defendants and the decision-making agency of jurors. While the more guided special verdict format is presumed to threaten nullifying acquittals, the unguided general verdict format might be enabling convictions that violate constitutional norms of due process, impartial adjudication, and equal protection. Given the high-stakes values potentially implicated in the choice of verdict format in criminal cases, it is time to put the conventional wisdom in favor of general verdicts to an empirical test. This Article therefore proposes a methodological framework for investigating whether the legal status quo accurately reflects (1) current stakeholders’ preferences and predictions, and (2) experimentally testable legal and cognitive effects of general versus special verdicts in lay determinations of criminal liability. A data-informed understanding is needed to assess whether the general verdict is optimizing the integrity, fairness, and constitutionality of criminal jury decision making. (shrink)

This article argues that Hannah Arendt’s controversial essay “Reflections on Little Rock,” when situated within her analysis of Jewish assimilation, has an astute insight: racial integration and the decrease of the racial gaps in material inequality, without taking seriously the political project of building a world in common, only intensify racism in racist polities. This occurs because attempts to extend formal equality to the racially dominated give rise to the rule of racial common sense, a result of (...) a clash between the political structures of equality and the racial inequality practiced in quotidian interracial exchanges occurring in civil society. Though Arendt’s work on racism echoes criticisms of racial integration leveled by racial realist and pessimistic accounts of the Civil Rights struggle, her work points to a more expansive practice of “the political” that calls for the institutional design of formal politics as an important strategy against racism. (shrink)

In a recent article in Respublica, Jesper Ryberg argues that CCTV can be compared to a little old lady gazing out onto the street below. This article takes issue with the claim that government surveillance can be justified in this manner. Governments have powers and responsibilities that little old ladies lack. Even if CCTV is effective at preventing crime, there may be less intrusive ways of doing so. People have a variety of legitimate interests in privacy, and protection for these (...) is important to their status as free and equal citizens. Consequently, though necessary, effectiveness is insufficient to justify CCTV in a democracy. (shrink)

Jury science is fraught with difficulty. Since legal and institutional hurdles render it all but impossible to study live criminal jury deliberation, researchers make use of various indirect methods to evaluate jury performance. But each of these methods are open to methodological criticism and, strikingly, some of the highest-profile jury research programmes in recent years have reached opposing conclusions. Uncertainty about jury performance is an obstacle for legal reform—ongoing debates about the ‘justice gap’ for complainants (...) of sexual offences has rendered these problems stark. This paper proposes a way to advance the debate. (shrink)

The conventional interpretation of equality under the law singles out certain groups or classes for constitutional protection: women, racial minorities, and gays and lesbians. The United States Supreme Court calls these groups 'suspect classes'. Laws that discriminate against them are generally unconstitutional. While this is a familiar account of equal protection jurisprudence, this book argues that this approach suffers from hitherto unnoticed normative and political problems. The book elucidates a competing, extant interpretation of equal protection jurisprudence that avoids these (...) problems. The interpretation is not concerned with suspect classes but rather with the kinds of reasons that are already inadmissible as a matter of constitutional law. This alternative approach treats the equal protection clause like any other limit on governmental power, thus allowing the Court to invalidate equality-infringing laws and policies by focusing on their justification rather than the identity group they discriminate against. (shrink)

Farhad Dalal argues that people differentiate between races in order to make a distinction between the "haves" and "must-not-haves", and that this process is cognitive, emotional and political rather than biological. Examining the subject over the past thousand years, Race, Colour and the Process of Racialisation covers theories of racism and a general theory of difference based on the works of Fanon, Elias, Matte-Blanco and Foulkes, as well as application of this theory to race and racism. Farhad Dalal concludes that (...) the structures of society are reflected in the structures of the psyche, and both of these are colour coded. This book will be invaluable to students, academics and practitioners in the areas of psychoanalysis, group analysis, psychotherapy and counseling. (shrink)

Ethnicity and racial identity formation are elements of our social world. In recent years, there has been numerous works on ethnicity and race. Both concepts are controversial in different disciplines. The controversies around these concepts have been heated up by scholars who have devoted their time to the discourse of ethnicity and race, and to understand the ascription of both concepts. Ethnicity and race have been causes of conflict, prejudice and discrimination among various ethnic and racial groups around (...) the world. Thus, this paper is an attempt to discuss and critically reflect about race, ethnicity and a post-racial/ethnic future in line with Emmanuel Chukwudi Eze’s idea of the post-racial future. (shrink)

Ethnicity and racial identity formation are elements of our social world. In recent years, there has been numerous works on ethnicity and race. Both concepts are controversial in different disciplines. The controversies around these concepts have been heated up by scholars who have devoted their time to the discourse of ethnicity and race, and to understand the ascription of both concepts. Ethnicity and race have been causes of conflict, prejudice and discrimination among various ethnic and racial groups around (...) the world. Thus, this paper is an attempt to discuss and critically reflect about race, ethnicity and a post-racial/ethnic future in line with Emmanuel Chukwudi Eze’s idea of the post-racial future. (shrink)

This article looks at riots that consumed Paris and much of France for three consecutive weeks in November 2005. The author argues that the uprisings were not instigated by radical Muslims, children of African polygamists, or despairing youth suffering from high unemployment. First and foremost, they were provoked by a terrible incident of police brutality, a tragedy among a litany of similar tragedies. Black and Arab youth were already frustrated: decades of violent enforcement of France's categorical boundaries—both racial and (...) geographic—had filled many with rage. When Minister of Interior Nicholas Sarkozy responded to the violent death of three teenage boys on October 25, 2005, by condemning the boys rather than the police officers who had killed them, he merely reaffirmed what many young blacks and Arabs already believed: that their lives have no value in France. (shrink)

A right to family privacy is considered a cornerstone of American life, and yet access to it is apportioned by race. Our notion of the “racialization of privacy” refers to the phenomenon that family privacy, including the freedom to create a family uninhibited by law, pressure, and custom, is delimited by race. Building upon racial formation theory, this article examines three examples: the Native American boarding school system (1870s to 1970s), eugenic laws and practices (early/mid 1900s), and contemporary deportation. (...) Analysis reveals that state-sponsored limitations on family privacy is a racial project that shapes the racial state. Performing an ideological genealogy with our cases, this article makes three contributions: it illustrates how the state leverages policies affecting families to define national belonging; it reveals how access to family privacy is patterned by race, ethnicity, gender, class, sexuality, and national origin; and it distills how Whiteness and a national racial hierarchy are socially constructed and maintained over time. With the racialization of privacy, we identify how the state seeks to reproduce institutionalized White supremacy and the effects this has on families. We argue that families are the linchpin in state-sponsored racial projects that construct the nation and that the racialization of privacy, as a form of inequality, is a defining characteristic of the color-line. (shrink)

The Psychosis of Race offers a unique and detailed account of the psychoanalytic significance of race, and the ongoing impact of racism in contemporary society. Moving beyond the well-trodden assertion that race is a social construction, and working against demands that simply call for more representational equality, The Psychosis of Race explores how the delusions, anxieties, and paranoia that frame our race relations can afford new insights into how we see, think, and understand race's pervasive appeal. With examples drawn from (...) politics and popular culture--such as Candyman, Get Out, and the music of Kendrick Lamar--critical attention is given to introducing as well as explicating on several key concepts from Lacanian psychoanalysis and the study of psychosis, including foreclosure, phallus, the Name-of-the-Father, sinthome, and the objet petit a. By elaborating a cultural mode to psychosis and its understanding, an original and critical exposition of the effects of racialization, as well as our ability to discern the very limits of our capacity to think through, or even beyond, the idea of race, is provided. The Psychosis of Race speaks to an emerging area in the study of psychoanalysis and race, and will appeal to scholars and academics across the fields of psychology, sociology, cultural studies, media studies, and the arts and humanities. (shrink)

Public discourse on race-specific medicine typically erects a wall between the scientific use of race as a biological category and the ideological battle over race as a social identity. Scientists often address the potential for these therapeutics to reinforce a damaging understanding of “race” with precautions for using them rather than questioning their very development. For example, Esteban Gonzalez Burchard, an associate professor of medicine and biopharmaceutical sciences at the University of California, San Francisco, states, “We do see racial (...) differences between populations and shouldn’t just close our eyes. Unfortunately, race is a politically charged topic, and there will be evildoers. But the fear should not outweigh the benefit of looking.” Although it is recognized that ideology influences thesocialmeaning of race, it is usually assumed that there is a separate, prior scientific understanding of race that is not contaminated by politics. (shrink)