Trials and Tribulations of African Americans in the Courtroom (From Race, Culture, Psychology, & Law, P 79-90, 2005, Kimberly Holt Barrett and William H. George, eds. -- See NCJ-216932)

• NCJ Number: 216936
• Author(s): Rudolph Alexander Jr.
• Date Published: 2005
• Length: 12 pages
• Sale Source: Sage Publications, Inc
• Publication Format: Book Chapter
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America

Annotation

This chapter challenges the myth that the American justice system is "colorblind" in its processing of African-Americans and considers two topics that show how race and culture influence justice proceedings (child adoptions and mental health diagnoses).

Abstract

Until society does more to acknowledge and alleviate adverse legal decisions based on skin color and cultural bias, individuals in decisionmaking positions in the criminal justice system must identify where racism is operating and act to challenge it. The historical record of how African-Americans have been viewed and treated in American courts shows that political sentiment, legislative actions, and court rulings have undermined their equal rights under the U.S. Constitution. From the time when slavery was legal in America, the justice system has used skin color as a pivotal factor in administering justice and even in determining whether a person is a citizen. This historical legacy still influences American judicial culture. Currently, several U.S. Supreme Court justices declare that the U.S. Constitution is "colorblind" and have made it difficult for African-Americans to prove racial discrimination and obtain courts' approval of affirmative action programs. If the court system is "colorblind," then race and culture should have no effect on child placement and adoption decision. Children could be adopted by qualified parents without consideration of the race of the child or the potential parents. Instead, both African-Americans and Whites denounce interracial adoptions in court proceedings. Also, in forensic psychiatric evaluations, African-American adolescents are classified as having conduct disorders more often than White adolescents, and African-American adults are more often diagnosed with antisocial personality disorder compared with White adults. White adolescents and adults, on the other hand, receive less negative diagnoses, such as major depression and alcohol/drug addiction/disorder. 58 references