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Critical Race Theory Paper
Critical Race Theory Paper
Critical Race Theory Paper
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What began as a movement in the mid-1970s, is a theory that deals with the interconnectedness of racism and the legal system. Critical Race Theory is a concept created in law schools in the United States during a time when “heady advances of the civil rights era of the 1960s had stalled and, in many respects, were being rolled back” (Delgado et al. 4). The theory now encompasses its ideals into three main “features:”
1. Acknowledging color-blind racism and its relation to equality
2. Comparing the so-called “white elites” versus the “working-class Caucasian”
3. Understanding the fluidity of race as a socially constructed idea
Though the movement was supposed to simply reflect the 1970s legal system and societal ideals, the theory should
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Critical race theory, began as a legal movement, and the the case study was produced by a legal scholar and published by a legal publisher. Osagie Obasogie Based on a hundred interviews conducted by Obasogie, the case study casts doubt on the idea of color-blindness, when Tammy, a White blind respondent states “People are always trying to make all these statements about how nonjudgmental the blind are…” (Obasogie 129). Through the interviews, Obasogie was able to reach an understanding that blind people, though they should be epitome of color-blindness, are able to perceive the same prejudices a sighted person can. Another conversation recorded by Obasogie stated “Jackson, a blind White man, recalled a conversation with a blind woman that he talked to ‘from time to time. We were talking about race one night. And her exact words were, I’ll never forget this: ‘I’m not racist, but I hate niggers’” (Obasogie 99). Even though those that support color-blindness would argue that the blind are the most non-judgmental individuals, Obasogie recounts many interviews with blind individuals who share racial prejudices. With his blind participants, Obasogie is able to depict race not just as a visual issue but one built by
Taylor, Keeanga-Yamahtta. "Civil Rights and Civil Wrongs: Racism in America Today."International Socialist Review Online November-December.32 (2003): n. pag.ISReview.org. International Socialist Organization. Web. 07 Dec. 2013. .
... the resulting damage to the criminal justice system. Opponents of this theory prefer a conception of the truth which relies on empirical evidence: if the existence of racism cannot be proven in individual cases, it should not be taken for granted when rendering decisions. Proponents of critical race theory favour a conception of the truth that takes into account the historical presence of racism. Judge Sparks' decision, as upheld by the Supreme Court of Canada, set a precedent for the future recognition of critical race theory's thicker conception of truth which recognizes the presence of racism in the criminal justice system.
Institutional racism, maintains the unequal outcomes in the criminal justice system result from the practice, resides in the policies, procedures, operations and culture of public or private institutions – reinforcing individual prejudices and being reinforced by them in turn’(Sveinsson, n.d.). This approach was generated by the Macpherson report, Stephen Lawrence, a young black
“The New Jim Crow” is an article by Michelle Alexander, published by the Ohio State Journal of Criminal Law. Michelle is a professor at the Ohio State Moritz college of criminal law as well as a civil rights advocate. Ohio State University’s Moritz College of Law is part of the world’s top education system, is accredited by the American Bar Association, and is a long-time member of the American Law association. The goal of “The New Jim Crow” is to inform the public about the issues of race in our country, especially our legal system. The article is written in plain English, so the common person can fully understand it, but it also remains very professional. Throughout the article, Alexander provides factual information about racial issues in our country. She relates them back to the Jim Crow era and explains how the large social problem affects individual lives of people of color all over the country. By doing this, Alexander appeals to the reader’s ethos, logos, and pathos, forming a persuasive essay that shifts the understanding and opinions of all readers.
Race-thinking: what is it? Isn’t the world past the issue of race? Do races even exist and if so, what does it mean to have a racial identity? Is colorblindness possible and how important is it? These are the questions Paul Taylor addresses in the book “Race: A Philosophical Introduction”. Paul Taylor is a self-proclaimed “radical constructionist” who will maintain that race is very real in our world and in the United States as a whole (p. 80). Taylor takes care to ensure he addresses the real needs concerning racial dynamics in the U.S., referencing historical events, prevailing policy affairs, and even pop culture to explain that everyone capable of forming opinions ought to have some sort of grasp of the concept of race-thinking. As Taylor will analyze, race and race-thinking “has shaped and continues to shape private interactions as well as the largest political choices” (p. 8). In other words, race-thinking encompasses everything we do and every interaction we have. In this paper I will attempt to interpret and expound Taylor’s views and definitions of race, concepts associated with race, and input my own interpretations as they are appropriate.
What has changed since the collapse of Jim Crow has less to do with the basic structure of our society than with the language we use to justify it. In the era of colorblindness, it is no longer socially permissible to use race, explicitly, as a justification for discrimination, exclusion, and social contempt. So we don’t. Rather than directly rely on race, we use the criminal justi...
Critical Race Theory (CRT) began in the field of law and has been used as a theoretical framework in educational research for over 15 years (Savas, 2014). Gloria-Ladson-Bilings and William F.Tate IV’s wrote an article, “Toward a Critical Race Theory of Education”, in 1995 and began the use of Critical Race Theory as a lens for future studies in education. The first tenet of CRT looks at race and racism through historical contexts. To explore this tenet, I will take a brief glance back to the beginning of our country and the beginning of white as a superior race.
Race as a factor in inequity. Ladson-Billings and Tate (1995) posit that race continues to be a significant factor in determining inequity in the United States. Race matters in society. If we look at high school drop out, suspension, and incarceration rates of men of color in America we see a disproportionate amount of men of color marginalized and profiled by society. This is further compounded by the perception that male faculty of color cannot be educators or at least are not often conceptually visualized in that capacity (Bryan and Browder, 2013).
According to the authors, Critical Race Theory (CRT) is no longer new, but it continues to thrive. It has expanded from a subspecialty of jurisprudence to the use in department of education, cultural studies, English, sociology, comparative literature, political science, history, and anthropology. CRT treats race as central to the law and policy of the United States. CRT also looks beyond the belief that getting rid of racism means simply alleviating ignorance, or encouraging everyone to get along. CRT looks at many faucets of racism. Microagression are small acts of racism consciously or unconsciously perpetrated; these are absorbed from the assumption about racial matters most of us absorb from the cultural heritage in which we come of age in the United States. The CRT movement is a collection of activist and scholars interested in studying and transforming the relationship among race, racism, and power. CRT questions the very foundations of the liberal order, including equality theory, legal reasoning, Enlightenment rationalism, and neutral principles of constitutional law.
**Lynch, Michael J. and Patterson, Britt, Race and Criminal Justice (New York: Harrow and Heinstien, 1991)
Ian F. Haney López. Racism on Trial: The Chicano Fight for Justice. Cambridge: Belknap Press of Harvard University Press, 2003
In relation to the Critical Race Theory, the idea of the “gap between law, politics, economics, and sociological reality of racialized lives” (Critical Race Theory slides). The critical race theory gives us a guide to analyze privileges and hardships that comes across different races and gender. For example, analyzing how and why a “black” or “indigenous” woman may experience more hardships versus not only a “white” man, but a “white”
In modern-day America the issue of racial discrimination in the criminal justice system is controversial because there is substantial evidence confirming both individual and systemic biases. While there is reason to believe that there are discriminatory elements at every step of the judicial process, this treatment will investigate and attempt to elucidate such elements in two of the most critical judicial junctures, criminal apprehension and prosecution.
To look closely at many of the mechanisms in American society is to observe the contradiction between constitutional equality and equality in practice. Several of these contradictions exist in the realm of racial equality. For example, Black s often get dealt an unfair hand in the criminal justice system. In The Real War on Crime, Steven Donziger explains,
Critical Race Theory (CRT) comes from the scholarship of Critical Legal Studies (CLS) which has observed the continuing domination and power of some groups such males and whites over some other groups and it has argued that political and social change was necessary (Taylor, 2009). Derrick A. Bell, an African American, was the first who had tried to establish an agenda in which colonialism, race, and racism would have an important role in intellectual legal...