Critical Race Realism: Intersections of Psychology, Race, and Law

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A new way of looking at our legal system—focused on the nexus of social science, race, and the law—that takes the field of critical legal studies into the twenty-first century.

"The introduction of new methods in the social sciences to the law promises to revolutionize how legal scholars approach the study of race."—Jeffrey Rachlinski, professor at Cornell Law School

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Overview

A new way of looking at our legal system—focused on the nexus of social science, race, and the law—that takes the field of critical legal studies into the twenty-first century.

"The introduction of new methods in the social sciences to the law promises to revolutionize how legal scholars approach the study of race."—Jeffrey Rachlinski, professor at Cornell Law School

Building on the field of critical race theory, which took a theoretical approach to questions of race and the law, Critical Race Realism offers a practical look at the way racial bias plays out at every level of the legal system, from witness identification and jury selection to prosecutorial behavior, defense decisions, and the way expert witnesses are regarded.

Using cutting-edge research from across the social sciences and, in particular, new understandings from psychology of the way prejudice functions in the brain, this new book—the first overview of the topic—includes many of the seminal writings to date along with newly commissioned pieces filling in gaps in the literature. The authors are part of a rising generation of legal scholars and social scientists intent on using the latest insights from their respective fields to understand the racial biases built into our legal system and to offer concrete measures to overcome them.

Topics include:
• race and juries
• race and the perceived credibility of expert witnesses
• the psychology of cross-racial eyewitness testimony
• prejudice in police profiling
• stereotyping and capital-sentencing outcomes
• race and judicial decision-making
•race and parental rights termination
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Product Details

  • ISBN-13: 9781595581464
  • Publisher: New Press, The
  • Publication date: 8/1/2008
  • Pages: 340
  • Product dimensions: 6.90 (w) x 10.00 (h) x 1.30 (d)

Meet the Author

Gregory S. Parks, PhD, is a student at Cornell Law School and the editor of African American Fraternities and Sororities: The Legacy and the Vision. Shayne Jones, PhD, is an assistant professor at the University of South Florida. W. Jonathan Cardi, JD, is an assistant professor of law at the University of Kentucky. A founding figure in the critical race theory movement, law professor Richard Delgado co-authored How Lawyers Lose Their Way: A Profession Fails Its Creative Minds.
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Table of Contents


Permissions     ix
Foreword   Richard Delgado     xi
Introduction     xv
Toward a Critical Race Realism   Gregory S. Parks     1
Legal Actors and Participants
Stereotypes and Prejudice: Helping Legal Decisionmakers Break the Prejudice Habit   Jody Armour     11
Implicit Racial Attitudes of Death Penalty Lawyers   Theodore Eisenberg   Sheri Lynn Johnson     33
Advocacy Against the Stereotype: Lessons from Cognitive Social Psychology   Gary Blasi     45
Individual and Intergroup Processes to Address Racial Discrimination in Lawyering Relationships   Carwina Weng     64
Race and Juries: An Experimental Psychology Perspective   Samuel R. Sommers   Omoniyi O. Adekanmbi     78
African Americans on the Witness Stand: Race and Expert Witness Testimony   Veronica S. Tetterton   Stanley L. Brodsky     94
Does Race Matter? Exploring the Cross-Race Effect in Eyewitness Identification   Steven M. Smith   Veronica Stinson     102
Civil Law
The Search for Racial Justice in Tort Law   W. Jonathan Cardi     115
Trojan Horses of Race   Jerry Kang     125
Affirmative Action: Images and Realities   KristinaR. Schmukler   Elisabeth Morgan Thompson   Faye J. Crosby     155
Behavioral Realism in Employment Discrimination Law: Implicit Bias and Disparate Treatment   Linda Hamilton Krieger   Susan T. Fiske     165
African American Families, Child Maltreatment, and Parental Rights Termination Litigation   Matthew B. Johnson   Kideste M. Wilder   Misha S. Lars     191
The Law of Implicit Bias   Christine Jolls   Cass R. Sunstein     206
Criminal Law
Toward a Radical Psychology: Psychology, Race, Environment, and Crime   Shayne Jones   Michael J. Lynch     225
The Psychology of Hate Crime Law, Victims, and Offenders   Megan Sullaway     235
Prejudice and Police Profiling   Roger G. Dunham   George Wilson     246
The Influence of Criminal Defendants' Afrocentric Features on Their Sentences   William T. Pizzi   Irene V. Blair   Charles M. Judd     259
Fear and Fairness in the City: Criminal Enforcement and Perceptions of Fairness in Minority Communities   Richard R.W. Brooks     271
About the Contributors     285
Notes     287
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