Racially Based Jury Nullification: Black Power in the Criminal Justice System

@article{Butler1995RaciallyBJ,
  title={Racially Based Jury Nullification: Black Power in the Criminal Justice System},
  author={Paul D. Butler},
  journal={Yale Law Journal},
  year={1995},
  volume={105},
  pages={677}
}
  • P. Butler
  • Published 1 December 1995
  • Philosophy, Law
  • Yale Law Journal
[T]he time that we're living in now... is not an era where one who is oppressed is looking toward the oppressor to give him some system or form of logic or reason. What is logical to the oppressor isn't logical to the oppressed. And what is reason to the oppressor isn't reason to the oppressed. The black people in this country are beginning to realize that what sounds reasonable to those who exploit us doesn't sound reasonable to us. There just has to be a new system of reason and logic devised… 
'The Mis-Characterization of the Negro': A Race Critique of the Prior Conviction Impeachment Rule
The election of Barack Obama as the nation's first Black President was a watershed moment with respect to race relations in the United States. Obama's election removed what to many seemed a nearly
Defending the Jury: Crime, Community, and the Constitution
This book sets forth a new approach to twenty-first-century criminal justice and punishment, an approach that fully involves the community and provides a better way to make our criminal process more
The Jury as a Door-Opener to Race in O.J. Simpson’s Criminal Trial
People vs. Orenthal James Simpson was in many respects a remarkable case. It had all the elements of a “trial of the century”: a high-profile defendant, two hideously slaughtered victims, and a
Unfair by Design: The War on Drugs, Race, and the Legitimacy of the Criminal Justice System
a common element in discussions of what makes the united States unique is readily conveyed by the phrase “the American Dream.” While an exact definition of this concept eludes us, widely accepted
Racialized Mass Incarceration
This essay maintains that the United States has developed a new, decidedly punitive law and order regime that at its core features racialized mass incarceration. We will show that over the past
Jury Nullification and Victim Rights: Going Past Procedure
Although profoundly dissimilar, jury nullification and victim’s rights have one important aspect in common: they both go beyond the normal envisioning of the criminal adjudication process, tipping
Analysis of Paul Butler's Race-Based Jury Nullification and His Call to Black Jurors and the African American Community
Paul Butler argues that due to disparate impact on African Americans in the criminal justice system, African American jurors ought to exercise their right of nullification when there are African
Authentically Innocent: Juries and Federal Regulatory Crimes
Criminal trials are morality plays. The jury is the conscience of the community. And juries convict only the blameworthy - those who did something they knew to be wrong. These ideals are fundamental
Pretext and Justification: Republicanism, Policing, and Race
  • Ekow N. Yankah
  • Law
    The Cambridge Handbook of Policing in the United States
  • 2019
On April 4th, 2015, Police Officer Michael Slager gunned down Walter Scott in North Charleston, South Carolina with a cool that resembled target practice. Scott’s name joined a heartbreaking list of
Using injuries of race in child abuse and homicide trials
This paper is based on discourse analysis of trials of African American men accused of murdering their minor children. It demonstrates how the shared background knowledge of police brutality towards
...
...

References

SHOWING 1-10 OF 16 REFERENCES
Downward Departures from the Federal Sentencing Guidelines Based on the Defendant's Drug Rehabilitative Efforts
As part of a wave of legislation intended to toughen federal criminal laws,1 Congress in 1984 passed the Sentencing Reform Act.2 Responding to perceived discrepancies in federal sentencing,3 the Act
See Kennedy, supra note 83, at 1258 n.10 (noting advocacy of racial critiques of criminal justice by rap musicians)
    See supra note 147 and accompanying text
      There is a rich tradition of literature by African-Americans detailing the destruction to the human psyche that incarceration can cause
      • 1968
      at BI (reporting that, before riots of 1992, there were 700 liquor stores in black neighborhood of
      • 1993
      the Court stated that Batson "'was designed "to serve multiple ends,"' only one of which was to protect individual defendants from discrimination in the selection of jurors
      • 1991
      George Clinton Talks Dirty to GeoffBrown, INDEPENDENT
        ]he rehabilitative ideal had great influence on American penology and corrections policies. In recent years, however, its influence has gone into eclipse
        • CRIMINAL LAW AND ITS PROCESSES 155
        discussing widespread rejection of rehabilitation as justification for punishment by those involved in criminal justice system)
        • Reconsidering Rehabilitation, 65 TUL. L. REV. 1011
        • 1991
        ...
        ...