NCJ Number
122533
Journal
Yale Law Journal Volume: 98 Issue: 8 Dated: (June 1989) Pages: 1559-1577
Date Published
1989
Length
19 pages
Annotation
This article explains why many black Americans believe the court system is biased against them and their interests.
Abstract
Some court personnel, including city attorneys, perceive blacks through pejorative stereotypes, although consciously and publicly denying any prejudice. Many court professionals engage in microaggression against blacks through non-verbal behavior that signals condescension. Black jurors sometimes feel the influence of microaggression when predominately white juries ignore or discredit their views during deliberations. A black man's experiences with microaggression while serving on juries is detailed. McCleskey v. Kemp, challenging the constitutionality of Georgia's capital sentencing system, is discussed in detail as an example of the U.S. Supreme Court's reinforcement of a pattern of hierarchical judgment based on race. In McCleskey, the Court carried out microaggression demonstrating unconscious attitudes of white superiority and black inferiority. 81 footnotes.