Document Type

Article

Publication Title

Washington and Lee Law Review

Abstract

It seems unimaginable that the Supreme Court, an institution vested with the responsibility to achieve "equal justice under the law" for all Americans, could issue an opinion that accepted the inevitability of racial bias in an area as serious and final as capital punishment. However, it is precisely this acceptance of bias and the tolerance of racial discrimination that has come to define America's criminal justice system. The last thirty years have seen remarkable changes in America's relationship with people of color. The civil rights movement has ushered in significant developments in antidiscrimination law and has profoundly affected the status of African Americans. While enormous barriers still exist for many racial minorities, tremendous progress has been made in voting rights, housing, employment, public accommodations, and education" for African Americans and other historically disenfranchised people. The impact of the civil rights movement is, however, noticeably missing from the realm of criminal justice. It is difficult to identify much evolution on the part of courts, legislators, or policymakers in appreciating the debilitating injustice that invidious racial bias represents in the administration of legal process. In fact, it is hard to find an area of public administration in which racial bias and discrimination is more tolerated and accepted.

First Page

509

Volume

51

Publication Date

1994

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