No American city’s history better illustrates both the possibilities for alternative racial models and the role of the law in shaping racial identity than New Orleans, Louisiana, which prior to the Civil War was home to America’s most privileged community of people of African descent. In the eyes of the law, New Orleans’s free people of color did not belong to the same race as enslaved Africans and African-Americans. While slaves were “negroes,” free people of color were gens de couleur libre, creoles of color, or simply creoles. New Orleans’s creoles of color remained legally and culturally distinct from “negroes” throughout most of the nineteenth century until state mandated segregation lumped together descendants of slaves with descendants of free people of color. Much of the recent scholarship on New Orleans examines what race relations in the antebellum period looked as well as why antebellum Louisiana’s gens de couleur enjoyed rights and privileges denied to free blacks throughout most of the United States. This book, however, is less concerned with the what and why questions than with how people of color, acting within institutions of power, shaped those institutions in ways beyond their control. As its title suggests, Making Race in the Courtroom argues that race is best understood not as a category, but as a process. It seeks to demonstrate the role of free people of African-descent, interacting within the courts, in this process.
How the attorney-client relationship favors the privileged in criminal court—and denies justice to the poor and to working-class people of color The number of Americans arrested, brought to court, and incarcerated has skyrocketed in recent decades. Criminal defendants come from all races and economic walks of life, but they experience punishment in vastly different ways. Privilege and Punishment examines how racial and class inequalities are embedded in the attorney-client relationship, providing a devastating portrait of inequality and injustice within and beyond the criminal courts. Matthew Clair conducted extensive fieldwork in the Boston court system, attending criminal hearings and interviewing defendants, lawyers, judges, police officers, and probation officers. In this eye-opening book, he uncovers how privilege and inequality play out in criminal court interactions. When disadvantaged defendants try to learn their legal rights and advocate for themselves, lawyers and judges often silence, coerce, and punish them. Privileged defendants, who are more likely to trust their defense attorneys, delegate authority to their lawyers, defer to judges, and are rewarded for their compliance. Clair shows how attempts to exercise legal rights often backfire on the poor and on working-class people of color, and how effective legal representation alone is no guarantee of justice. Superbly written and powerfully argued, Privilege and Punishment draws needed attention to the injustices that are perpetuated by the attorney-client relationship in today’s criminal courts, and describes the reforms needed to correct them.
Winner of the 2017 Eduardo Bonilla-Silva Outstanding Book Award, sponsored by the Society for the Study of Social Problems. Finalist for the C. Wright Mills Book Award, sponsored by the Society for the Study of Social Problems. Winner of the 2017 Oliver Cromwell Cox Book Award, sponsored by the American Sociological Association's Section on Racial and Ethnic Minorities. Winner of the 2017 Mary Douglas Prize for Best Book, sponsored by the American Sociological Association's Sociology of Culture Section. Honorable Mention in the 2017 Book Award from the American Sociological Association's Section on Race, Class, and Gender. NAACP Image Award Nominee for an Outstanding Literary Work from a debut author. Winner of the 2017 Prose Award for Excellence in Social Sciences and the 2017 Prose Category Award for Law and Legal Studies, sponsored by the Professional and Scholarly Publishing Division, Association of American Publishers. Silver Medal from the Independent Publisher Book Awards (Current Events/Social Issues category). Americans are slowly waking up to the dire effects of racial profiling, police brutality, and mass incarceration, especially in disadvantaged neighborhoods and communities of color. The criminal courts are the crucial gateway between police action on the street and the processing of primarily black and Latino defendants into jails and prisons. And yet the courts, often portrayed as sacred, impartial institutions, have remained shrouded in secrecy, with the majority of Americans kept in the dark about how they function internally. Crook County bursts open the courthouse doors and enters the hallways, courtrooms, judges' chambers, and attorneys' offices to reveal a world of punishment determined by race, not offense. Nicole Gonzalez Van Cleve spent ten years working in and investigating the largest criminal courthouse in the country, Chicago–Cook County, and based on over 1,000 hours of observation, she takes readers inside our so-called halls of justice to witness the types of everyday racial abuses that fester within the courts, often in plain sight. We watch white courtroom professionals classify and deliberate on the fates of mostly black and Latino defendants while racial abuse and due process violations are encouraged and even seen as justified. Judges fall asleep on the bench. Prosecutors hang out like frat boys in the judges' chambers while the fates of defendants hang in the balance. Public defenders make choices about which defendants they will try to "save" and which they will sacrifice. Sheriff's officers cruelly mock and abuse defendants' family members. Delve deeper into Crook County with related media and instructor resources at www.sup.org/crookcountyresources. Crook County's powerful and at times devastating narratives reveal startling truths about a legal culture steeped in racial abuse. Defendants find themselves thrust into a pernicious legal world where courtroom actors live and breathe racism while simultaneously committing themselves to a colorblind ideal. Gonzalez Van Cleve urges all citizens to take a closer look at the way we do justice in America and to hold our arbiters of justice accountable to the highest standards of equality.
Based on author's dissertation (doctoral - University of Texas, 2007) issued under title: Making race: the role of free Blacks in the development of New Orleans' three-caste society, 1791-1812.
The Juror Factor examines how jurors reach their verdicts in complex civil trials. In particular, the book explores the relationship between "juror factors" - that is, jurors' race, gender, income, education and personal beliefs - and verdicts. While most research has found no link between verdicts and "juror factors," this book, using new, previously unavailable data, argues that the composition of a jury can have a strong effect on the outcome of a trial. The book also explores the implications of this relationship for jury selection procedures and tort reform proposals. The book's final chapter offers a glimpse behind the closed doors of the jury room and a look at the effects of jury deliberations.
Fast paced legal thriller and powerful urban drama from Frederic Block, the Brooklyn based federal judge who sentenced Peter Gotti of the Gambino crime family. Based partly on fact and seething racial tensions and political corruption, it doesn't get any more "New York" than Race to Judgment! Race to Judgment is a "reality-fiction" debut novel loosely based on a number of high-profile cases handled by its author, a federal trial court judge, over his 23 years on the federal bench in Brooklyn-such as the Crown Heights riots and the Peter Gotti trial. It tracks the rise of the fictional African-American civil rights protagonist Ken Williams (in real life, the recently deceased Brooklyn DA Ken Thompson) from his days as an Assistant United States Attorney through his meteoric rise to unseat the long-term, corrupt Brooklyn DA because of a spate of phony convictions against black defendants, including another one of the judge's real cases (JoJo Jones in the book) for the murder of a Hasidic rabbi. Williams' dramatic courtroom antics (with the aid of his colorful private eye) results in JoJo's exoneration after 16 years behind bars. In addition, Williams defends a young black guidance counselor accused of killing the rabbi's son many years ago, and champions the cause of a young Hasidic woman raped by her father. As a hobby, Williams plays jazz piano and writes country songs written by the author-which are reproduced in the book and can be heard on e-books and the Internet.
In this timely volume, the authors provide a penetrating analysis of the institutional mechanisms perpetuating the related problems of minorities' disenfranchisement and their underrepresentation on juries.
Profiles African American lawyers during the era of segregation and the civil rights movement, with an emphasis on the conflicts they felt between their identities as African Americans and their professional identities as lawyers.
CasebookPlus Hardbound - New, hardbound print book includes lifetime digital access to an eBook, with the ability to highlight and take notes, and 12-month access to a digital Learning Library that includes self-assessment quizzes tied to this book, online videos, interactive trial simulations, leading study aids, an outline starter, and Gilbert Law Dictionary.
For some, the idea of a color-blind constitution signals a commonsense ideal of equality and a new "post-racial" American era. For others, it supplies a narrow constitutional vision, which serves to disqualify many of the tools needed to combat persistent racial inequality in the United States. Rather than taking a position either for or against color-blindness, Mark Golub takes issue with the blindness/consciousness dichotomy itself. This book demonstrates how color-blind constitutionalism conceals its own race-conscious political commitments in defense of existing racial hierarchy, and renders the pursuit of racial justice as a constitutionally impermissible goal.
