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Winner of the 1998 Robert F. Kennedy Book Award Grand Prize
"An original, wise and courageous work that moves beyond sterile arguments and lifts the discussion of race and justice to a new and more hopeful level."--Arthur Schlesinger, Jr.
In this groundbreaking, powerfully reasoned, lucid work that is certain to provoke controversy, Harvard law professor Randall Kennedy takes on a highly complex issue in a way that no one has before. Kennedy uncovers the long-standing failure of the justice system to protect blacks from criminals, probing allegations that blacks are victimized on a widespread basis by racially discriminatory prosecutions and punishments, but he also engages the debate over the wisdom and legality of using racial criteria in jury selection. He analyzes the responses of the legal system to accusations that appeals to racial prejudice have rendered trials unfair, and examines the idea that, under certain circumstances, members of one race are statistically more likely to be involved in crime than members of another.
"An admirable, courageous, and meticulously fair and honest book."--New York Times Book Review
"This book should be a standard for all law students."--Boston Globe
- Sales Rank: #630609 in Books
- Published on: 1998-03-31
- Released on: 1998-03-31
- Original language: English
- Number of items: 1
- Dimensions: 7.99" h x .98" w x 5.15" l, .90 pounds
- Binding: Paperback
- 560 pages
Amazon.com Review
There's no question that nowadays, racial issues pose one of the biggest obstacles to the fair workings of our criminal justice system, but exactly how these issues come into play and what to do about them is a subtler matter. In this book, Kennedy, a Harvard Law School professor who is black, applies his precise command of the relevant legal language and legal background to explain and evaluate for the general reader various current ideas about how race is and should be involved in meting out criminal justice. His basic stance is that liberals and conservatives have more common ground on race and law than it seems at first, and that blacks have suffered more from being underprotected by law enforcement than from being mistreated as suspects or defendants, even though it is the latter allegation that seems to draw the most attention from those who view the courts through racial lenses.
From Library Journal
Kennedy (law, Harvard) has penned a balanced historical analysis of the state of race relations in the administration of criminal justice. He forcefully argues that many characteristics of the justice system, such as police surveillance, jury selection, and capital sentencing, perpetuate racial bias against African Americans. To eradicate this racism requires that judges, lawyers, and police deal honestly with America's history of racism. In illustrating this point, Kennedy unearths mountains of evidence testifying to America's brutally racist past, focusing on the slave codes, lynchings, and rape as a means to enforce a rigid racial hierarchy. Therefore, this text seems to work better as a history book?an excellent one at that?than as a prescription for the social ills of our current legal system. Academic and large public libraries should consider.?Steven Anderson, Baltimore Cty. Circuit Court Law Lib., Towson, Md.
Copyright 1997 Reed Business Information, Inc.
From Booklist
Harvard Law School professor Kennedy will antagonize many involved in current criminal justice controversies with this effort to reinvigorate discussion by challenging "increasingly sterile" ideological debates. He first traces a "history that causes a substantial number of Americans, particularly African Americans, to perceive the criminal justice system with suspicion, if not antagonism" in terms of racially linked underenforcement as well as overenforcement. Kennedy then examines discriminatory policing, jury participation, "the race card" in criminal trials, the death penalty, and the war on drugs in an effort to clarify "when, if ever, [it is] appropriate to treat some people differently from others on a racial basis" and whether, if "a policy makes no reference to race and . . . [its] authors . . . deny having acted with a racial motive," the policy may still be discriminatory. Because Kennedy defends "the politics of respectability," some may see him as just another black conservative, but he takes on the Right as well as the Left, seeing substantial progress toward a more just justice system yet urging that this progress could still be reversed. Mary Carroll
Most helpful customer reviews
7 of 13 people found the following review helpful.
A wonderful book with an important historical perspective
By Charlie Robb, crkm@msn.com
This is a wonderful book. I found particularly valuable the sense of history Professor Kennedy brings to the question of racial discrimination in the administration of criminal law. Without an understanding of the racist brutality that has pervaded our justice system's treatment of black people -- whether as jurors, witnesses, defendants or suspects -- it is hard to fathom the depth of suspicion with which many black people today view the courts and the police. The anger with which a large number of black americans responded to events such as the acquital of the police officers who beat Rodney King is easier to understand when that incident is seen as merely the latest in a long history of incidents in which the courts at least appear to absolve white persecution of black men. Helping his readers achieve such an understanding is crucial, I think, to Professor Kennedy's project. Race relations in America are marked by such deep misunderstanding, by such a lack of empathy (especially on the part of many white people, for whom blacks remain a distant and vaguely sinister race), that progress toward a more harmonious and integrated society sometimes seems impossible. Professor Kennedy is clearly not a pessimist on this point. Using court cases as his raw material, he describes the corrupting effect of race on criminal justice in fascinating detail, then offers original, nuanced and appealing solutions to the dilemmas race poses for criminal law. A wise book -- and fun to read.
13 of 19 people found the following review helpful.
intelligent discussion on race-law issues BASED ON FACTS
By dqc
1st & foremost, this is the BEST book i've read in a long time. Kennedy acheives what Gates & West do NOT ... an intelligent discourse on important issues currently facing racial minorities that is rooted in fact. he offers facts & precedent to support his opinions, views & hypothesis ... as opposed to rhetoric supported by rhetoric.
the book dissects the historical perversion of criminal justice/law enforcement to perpetuate the oppression of racial minorites. then it uses this historical context/premise to draw a picture of the current state of the relationship/role of the criminal justice system & law enforcement in minority communities. The book has brilliant sections on racial profiling, the war on drugs and the death penalty. each of these issues are dissected from a viewpoint of the critical legal issues ... and Kennedy finds time to interject his own opinion, SUPPORTED BY FACTS. Kennedy presents his material in a logical & organized mannner ... but not always concise. although i'm not a lawyer, it felt very much like a legal brief at times ... but it was still easy to read.
... highly, highly recommended, although it is a bit thick.
6 of 8 people found the following review helpful.
A Work that delves deeply into the topic
By Willy Cowles
This lucid work of kennedy's is a comprehensive and beautifully written examination of race and its ralation to the criminal justice system and the law. Kennedy's arguments are superb, and he supports everything that he says with hard evidence, leaving his sound biases and premises the only things left to be considered. Kennedy is, even in this last matter, careful to make this book an exploration rather than a persuasion, and while he does make arguements and try to persuade the reader, he does not condemn his opposition and he certainly does not limit the scope of his thinking in any way possibly detrimental to the flow of ideas.
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