CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Wednesday, May 27, 2020

Shipman on The Reasonable Black Person Standard

Kerry L. Shipman, MPA, J.D. has posted The Reasonable Black Person Standard in Criminal Law: Impartiality, Justice and the Social Sciences (Southern Journal of Policy and Justice, 13, 2019) on SSRN. Here is the abstract:

The article titled, 'The Reasonable Black Person Standard in Criminal Law: Impartiality, Justice and the Social Sciences', examines the reasonable person standard, long used by courts to analyze whether a suspect acted similarly to the way any other "reasonable person" would have acted under the given circumstances.

While the standard is currently applied in an objective manner, it should instead consider the suspect's race, accounting for the idea that a reasonable white person and a reasonable black person would quite likely respond differently to any situation involving law enforcement.


As such, it is necessary to apply a "reasonable black person" standard to cases involving a black suspect, in order to consider his or her unique experiences with and within the U.S. criminal justice system.

https://lawprofessors.typepad.com/crimprof_blog/2020/05/shipman-on-the-reasonable-black-person-standard.html

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