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

  title={Racially Based Jury Nullification: Black Power in the Criminal Justice System},
  author={Paul D. Butler},
  journal={Yale Law Journal},
  • 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… 
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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
        discussing widespread rejection of rehabilitation as justification for punishment by those involved in criminal justice system)
        • Reconsidering Rehabilitation, 65 TUL. L. REV. 1011
        • 1991