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AALS
and
American Political Science Association

Conference on Constitutional Law

June 5–8, 2002
Washington, D.C.

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Small Group Discussion: Crime and Race

Outline for Crime and Race Small Group Discussion

Paul Butler
George Washington University Law School

Angela J. Davis
American University Washington College of Law

  1. Introduction/Overview of Race and Crime
  2. Racial Profiling
    1. The Supreme Court’s 4th Amendment jurisprudence permits racial profiling (the racial implications of Terry v. Ohio, Illinois v. Wardlow, and Whren v. U.S.).
    2. The Justice Department’s post 9/11 detention policies have legitimized racial profiling.
  3. Race and Prosecution
    1. Race plays a role in the prosecution of criminal cases.
    2. The Supreme Court has not provided a meaningful remedy for race-based selective prosecution (U.S. v. Armstrong).
  4. Right to Trial by Jury
    1. There are legislative efforts that made erode the right to trial by jury, e.g. the District of Columbia’s “Misdemeanor Streamlining Act.”
    2. Jury Nullification
  5. Post September 11 Issues in Race and Crime
    1. The Patriot Act has been criticized as impeding on 4th, 5th, and 6th amendment rights.
    2. One effect of September 11 might be a change in law enforcement priorities to a focus on public safety as opposed to crime.
  6. There are too many people of color in prison. Is this a constitutional problem, and/or is there a constitutional solution?