Racial Bias in the Law

Paper Summary:

This paper looks at the reasons that racial minorities make up a very small proportion of the lawyers and judges in the United States. The writer discusses if it would make any difference if more of the lawyers representing criminal defendants were racial minorities. The writer explains that evidence suggesting that prosecutors use their peremptory challenges to preserve all-white juries in cases involving African American or Hispanic defendants has led some commentators to call for the elimination of the peremptory challenge. The writer discusses the strongest argument in favor of eliminating the peremptory challenge.

From the Paper:

"According to a study published on line by The Judicial Counsel of California, public hearings and opinion surveys revealed that members of minority communities did not believe that the judiciary and court staff reflected California's increasing diversity. An overall impression was that although the general public gives the California judiciary a good report card many minority-group members do not believe that they will receive equal justice in the California courts. Another finding was a persistent perception among minorities that the justice system gives scant attention or resources to investigating ... "

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