"It's the Third World down there!": the colonialist vocation and American criminal justice

Article Abstract:

Comparison of the works of Rudyard Kipling and Joseph Conrad with contemporary criminal justice narratives, such as those by Tom Wolfe and Scott Turow, shows many parallels between colonialism and criminal justice. Like colonial service, the criminal justice system offers autonomy, comradeship, superiority over others and a chivalric quest. This perspective suggests that the Miranda rule controversy is a hysterical reaction by police to efforts to limit their autonomy. Urban black communities, disillusioned criminal justice professionals and society all suffer from this adolescent pursuit.

Social aspects, Criminal justice, Administration of, Administration of criminal justice, Imperialism

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Easing the fear of too much justice: a compromise proposal to revise the Racial Justice Act

Article Abstract:

Some version of the proposed but unpassed Racial Justice Act offers the best solution to the racial discrimination that exists in criminal justice administration, especially in the use of the death penalty. Case law suggests that courts are not liable to hear claims of racism in sentencing, but does provide a window for a review of potential disparate impacts resulting from sentences. The Racial Justice Act would not impinge upon the jury's or judge's rights, but would provide an after-the-fact remedy should a sentence be deemed to cause a disparate impact on a certain group of people.

United States, Prevention, Discrimination in criminal justice administration, Criminal justice discrimination

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Principled justice: a personal reflection on Justice Marshall

Article Abstract:

Thurgood Marshall, as Supreme Court Justice, combined vision and pragmatism. He was more interested in the real consequences of the court's decisions than in abstract principles and also emphasized the importance of the facts. Marshall demonstrated that the best approach to race relations is not color blindness, but acknowledgment of differences and prejudices. He also showed that a principled jurist is not one who is neutral but one who has developed personal principles and understands how they have been formed.

Officials and employees, Testimonial, United States. Supreme Court, African American judges, Marshall, Thurgood

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