Wednesday, May 27, 2020
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:
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.