Blind Injustice: The Supreme Court, Implicit Racial Bias, and the Racial Disparity in the Criminal Justice System

26 Pages Posted: 6 Dec 2017

Date Written: May 2014

Abstract

Vast racial disparity permeates every level of the American criminal justice system despite its constitutional guarantee of equal protection. This paper begins with an overview of the racial disparity, provides a brief introduction to the science of implicit racial bias, analyzes the discretion-maximizing and accountability-minimizing decisions Supreme Court decisions that have allowed implicit bias to run amok in the justice system, and explores the New York City stop-and-frisk litigation as an example of the cumulative effects of those decisions. It concludes with a proposal to modify constitutional jurisprudence to increase law enforcement accountability and mitigate the effects of implicit racial bias.

Keywords: Racism, Criminal Justice System, Racial Disparity, Implicit Racial Bias, Disparate Impact

Suggested Citation

Clemons, Tyler, Blind Injustice: The Supreme Court, Implicit Racial Bias, and the Racial Disparity in the Criminal Justice System (May 2014). American Criminal Law Review, Vol. 51, p. 689, 2014, Available at SSRN: https://ssrn.com/abstract=3083517

Tyler Clemons (Contact Author)

Southern Poverty Law Center ( email )

Montgomery, AL
United States
(504)526-1530 (Phone)
(504)258-4290 (Fax)

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