Race On Trial

This collection of 12 original essays brings together two themes of American culture - law and race. Cases discussed include Amistad, Dred Scott, Regents v. Bakke and O.J. Simpson.

While slavery in Canada was abolished in 1834, discrimination remained. Race on Trial contrasts formal legal equality with pervasive patterns of social, legal, and attitudinal inequality in Ontario by documenting the history of black Ontarians who appeared before the criminal courts from the mid-nineteenth to the mid-twentieth centuries. Using capital case files and the assize records for Kent and Essex counties, areas that had significant black populations because they were termini for the Underground Railroad, Barrington Walker investigates the limits of freedom for Ontario's African Canadians. Through court transcripts, depositions, jail records, Judge's Bench Books, newspapers, and government correspondence, Walker identifies trends in charges and convictions in the Black population. This exploration of the complex and often contradictory web of racial attitudes and the values of white legal elites not only exposes how blackness was articulated in Canadian law but also offers a rare glimpse of black life as experienced in Canada's past.

Is race something we know when we see it? In 1857, Alexina Morrison, a slave in Louisiana, ran away from her master and surrendered herself to the parish jail for protection. Blue-eyed and blond, Morrison successfully convinced white society that she was one of them. When she sued for her freedom, witnesses assured the jury that she was white, and that they would have known if she had a drop of African blood. Morrison’s court trial—and many others over the last 150 years—involved high stakes: freedom, property, and civil rights. And they all turned on the question of racial identity. Over the past two centuries, individuals and groups (among them Mexican Americans, Indians, Asian immigrants, and Melungeons) have fought to establish their whiteness in order to lay claim to full citizenship in local courtrooms, administrative and legislative hearings, and the U.S. Supreme Court. Like Morrison’s case, these trials have often turned less on legal definitions of race as percentages of blood or ancestry than on the way people presented themselves to society and demonstrated their moral and civic character. Unearthing the legal history of racial identity, Ariela Gross’s book examines the paradoxical and often circular relationship of race and the perceived capacity for citizenship in American society. This book reminds us that the imaginary connection between racial identity and fitness for citizenship remains potent today and continues to impede racial justice and equality.

In 1968, ten thousand students marched in protest over the terrible conditions prevalent in the high schools of East Los Angeles, the largest Mexican community in the United States. Chanting Chicano Power, the young insurgents not only demanded change but heralded a new racial politics. Frustrated with the previous generation's efforts to win equal treatment by portraying themselves as racially white, the Chicano protesters demanded justice as proud members of a brown race. The legacy of this fundamental shift continues to this day. Ian Haney Lopez tells the compelling story of the Chicano movement in Los Angeles by following two criminal trials, including one arising from the student walkouts. He demonstrates how racial prejudice led to police brutality and judicial discrimination that in turn spurred Chicano militancy. He also shows that legal violence helped to convince Chicano activists that they were nonwhite, thereby encouraging their use of racial ideas to redefine their aspirations, culture, and selves. In a groundbreaking advance that further connects legal racism and racial politics, Haney Lopez describes how race functions as common sense, a set of ideas that we take for granted in our daily lives. This racial common sense, Haney Lopez argues, largely explains why racism and racial affiliation persist today. By tracing the fluid position of Mexican Americans on the divide between white and nonwhite, describing the role of legal violence in producing racial identities, and detailing the commonsense nature of race, Haney Lopez offers a much needed, potentially liberating way to rethink race in the United States.

A groundbreaking exposé about the alarming use of rap lyrics as criminal evidence to convict and incarcerate young men of color Should Johnny Cash have been charged with murder after he sang, "I shot a man in Reno just to watch him die"? Few would seriously subscribe to this notion of justice. Yet in 2001, a rapper named Mac whose music had gained national recognition was convicted of manslaughter after the prosecutor quoted liberally from his album Shell Shocked. Mac was sentenced to thirty years in prison, where he remains. And his case is just one of many nationwide. Over the last three decades, as rap became increasingly popular, prosecutors saw an opportunity: they could present the sometimes violent, crime-laden lyrics of amateur rappers as confessions to crimes, threats of violence, evidence of gang affiliation, or revelations of criminal motive—and judges and juries would go along with it. Detectives have reopened cold cases on account of rap lyrics and videos alone, and prosecutors have secured convictions by presenting such lyrics and videos of rappers as autobiography. Now, an alarming number of aspiring rappers are imprisoned. No other form of creative expression is treated this way in the courts. Rap on Trial places this disturbing practice in the context of hip hop history and exposes what's at stake. It's a gripping, timely exploration at the crossroads of contemporary hip hop and mass incarceration.

View this manual, a reference in the School's Indigent Defense Manual Series, free of charge at defendermanuals.sog.unc.edu. Raising Issues of Race in North Carolina Criminal Cases is a resource for public defenders and appointed counsel who represent poor people accused of crimes. This publication is also useful to judges, prosecutors, and others who work to safeguard the integrity of the court system. The book describes the ways in which considerations of race may improperly enter into the conduct of a criminal case, and gathers, organizes, and analyzes the law on the intersection of race and the criminal justice system. Ten chapters cover a variety of topics, such as: -stops, searches, and arrests; -eyewitness identification; -pretrial release; -selective prosecution; -composition of grand and trial juries; -trial issues; and -sentencing.

The work of 12 original essays will bring together two themes of American culture - law and race. Some of the cases discussed include Amistad, Dred Scott, Regents v. Bakke and O.J. Simpson.

An Empire on Trial is the first book to explore the issue of interracial homicide in the British Empire during its height – examining these incidents and the prosecution of such cases in each of seven colonies scattered throughout the world. It uncovers and analyzes the tensions of empire that underlay British rule and delves into how the problem of maintaining a liberal empire manifested itself in the late nineteenth and early twentieth centuries. The work demonstrates the importance of the processes of criminal justice to the history of the empire and the advantage of a trans-territorial approach to understanding the complexities and nuances of its workings. An Empire on Trial is of interest to those concerned with race, empire, or criminal justice, and to historians of modern Britain or of colonial Australia, India, Kenya, or the Caribbean. Political and post-colonial theorists writing on liberalism and empire, or race and empire, will also find this book invaluable.

Winner of the National Book Award for Nonfiction An electrifying story of the sensational murder trial that divided a city and ignited the civil rights struggle In 1925, Detroit was a smoky swirl of jazz and speakeasies, assembly lines and fistfights. The advent of automobiles had brought workers from around the globe to compete for manufacturing jobs, and tensions often flared with the KKK in ascendance and violence rising. Ossian Sweet, a proud Negro doctor-grandson of a slave-had made the long climb from the ghetto to a home of his own in a previously all-white neighborhood. Yet just after his arrival, a mob gathered outside his house; suddenly, shots rang out: Sweet, or one of his defenders, had accidentally killed one of the whites threatening their lives and homes. And so it began-a chain of events that brought America's greatest attorney, Clarence Darrow, into the fray and transformed Sweet into a controversial symbol of equality. Historian Kevin Boyle weaves the police investigation and courtroom drama of Sweet's murder trial into an unforgettable tapestry of narrative history that documents the volatile America of the 1920s and movingly re-creates the Sweet family's journey from slavery through the Great Migration to the middle class. Ossian Sweet's story, so richly and poignantly captured here, is an epic tale of one man trapped by the battles of his era's changing times.

Discusses the racial inequality, discrimination, and mistreatment of African-Americans nationwide and particularly of males in Los Angeles, using the cases of Rodney King and O.J. Simpson as examples.