Race and Criminal Justice

It is said that “justice is blind.” Yet, contemporary criminal justice cannot be understood without reference to race. Racial disparities describe the American experience, and those disparities are expressed and felt most acutely within the criminal-legal system. At all stages of the criminal process, people of color and other historically disadvantaged groups are over-represented. Police officers and prosecutors arrest and charge minority suspects at high rates. Prison populations are disproportionately Black and Brown. Constitutional doctrines navigate this space: equal protection; jury trial rights; and prohibitions against vague statutes, unreasonable searches and seizures, and cruel and unusual punishment. In this course, we discuss the promise and shortcomings of many of these doctrines—the manner by which the system counteracts or causes racial injustice. Likewise, we examine the influence of other forms of legal regulation, as well as the roles played by politics, sociology, culture, and history. We proceed through each major stage of the criminal justice process—policing, prosecution, adjudication, and punishment—identifying important questions and concerns that arise at each stage. Classes center on candid and critical discussions. Attendance at the first session is extremely important, absent unavoidable extenuating circumstances.