Abstract

http://ssrn.com/abstract=918805
 


 



Appellate Review of Racist Summations: Redeeming the Promise of Searching Analysis


Ryan Patrick Alford


University of Victoria Faculty of Law; Ave Maria School of Law


Michigan Journal of Race & Law, Vol. 11, pp. 325-345, 2006

Abstract:     
This article addresses the question of the appropriate response of appellate counsel for Black defendants tarred at trial by the indirect rhetorical deployment of powerful racial stereotypes. The crux of the problem is that courts typically only take exception to blantantly racist appeals, even though implicitly racist summations can have a determinative impact at trial. In laying out the contours of the problem, we must draw upon the discipline of rhetoric (or persuasion through oration) to describe various techniques of intentional indirectness that prosecutors have used to obviate the possibility of effective appellate review of racist argumentation, especially under the stringent standards of the Fourteenth Amendment.

Number of Pages in PDF File: 41

Keywords: rhetoric, argumentation, closing arguments, summations, racism, critical race studies, appellate review, rhetorical theory, stereotypes, prejudice

JEL Classification: K19

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Date posted: July 27, 2006  

Suggested Citation

Alford, Ryan Patrick, Appellate Review of Racist Summations: Redeeming the Promise of Searching Analysis. Michigan Journal of Race & Law, Vol. 11, pp. 325-345, 2006. Available at SSRN: http://ssrn.com/abstract=918805

Contact Information

Ryan Patrick Alford (Contact Author)
University of Victoria Faculty of Law ( email )
PO Box 2300, STN CSC
McGill at Ring Rds (Fraser Bldg)
Victoria, British Columbia V8W 3B1
Canada

Ave Maria School of Law ( email )
1025 Commons Circle
Naples, FL 34119
United States
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