Race, Racism, And American Law Essay

Even if slavery is not the presiding rule of the land on this planet any longer, segregation based on appearance still exists, just as the "social construction of ‘whiteness’ historically has implied the racial superiority of whites", and prompted the "separate but equal" doctrines of the late nineteenth century (Rundblad & Kivisto xxxi).

Beginning with the findings from Buck’s Constructing Race, Creating White Privilege, there are multiple, brilliant examples of racial mixing and establishing “whiteness,” both being main points discussed in Omi and Winant’s racialization theory. Buck establishes that ideas about race weren’t truly established until the late 1700s, and how physical differences were seldom ever noticed beforehand. This is illustrated with stories of different individuals living together with little conflict. Buck uses the

Matthew Frye Jacobson’s Whiteness of a Different Color offers innovative insight into the concept of “race” and the evolution of “whiteness” throughout American history. Jacobson focuses his analysis on the instability of racial identification over time and how race has been created and perceived throughout different stages of history. He states in his introduction that “one of the tasks before the historian is to discover which racial categories are useful to whom at a given moment, and why” (p.9) and while he is successful in some respects, his analysis is somewhat incomplete in providing a full scope of the power relations that created, altered and maintained racial identities in the United States. While Jacobson offers a detailed

In the midst of a long passage on black people in his Notes on the State of Virginia, Thomas Jefferson (who sniffed that [Phyllis] Wheatley’s poetry was “below the dignity of criticism”) proposed that black inferiority- “in the endowment of both body and mind”- might be an unchangeable law of nature. (181)

In modern-day America the issue of racial discrimination in the criminal justice system is controversial because there is substantial evidence confirming both individual and systemic biases. While there is reason to believe that there are discriminatory elements at every step of the judicial process, this treatment will investigate and attempt to elucidate such elements in two of the most critical judicial junctures, criminal apprehension and prosecution.

“Black needed a period of probation and instruction”.(Richardson 517) A large part of the Northern society believed that black people needed to be taught how to become civilized, when in reality, they were most likely already polite and respecting people, after being treated so horribly. “Long enough for the black to have forgotten something of his condition as a slave” . (Richardson 517) Blacks were viewed as lower than individuals. In fact, part of the society around them considered each not human, at

T.H. Breen’s and Stephen Innes’s book “Myne Owne Ground” did an outstanding job of showing readers the differences in perspectives of African people living in Virginia, one of the thirteen original colonies. It went in depth and showed how an indentured African person was competent and was capable of acquiring a wealth comparable to what a wealthy white person has. However, it would never be recognized by the general white population. There are two main themes in this book, whether the society, which was introduced in this book, was color blind or not. On one hand, the authors made an argument that the African people was able to live normally and be viewed as relatively equal to white if they were rich and owned plenty properties. On the

-Old Negro" as "more myth than a man" and the blind acceptance of this "formula" against ideas of "the thinking Negro" and the true diversity of actual human beings

Historical archives discovered by Dorman show that colorism had tangible boundaries within the African American community during the 1920s (47). It is stated that blacks often divided themselves into four subcategories which consisted of “black”, “brown”, “light brown”, and “yellow” Negros (Dorman 47). The above ranking would be listed in a hierarchy from “black” being at the bottom of the socially accepted hierarchy to the “yellow negro” being the most revered and desired socially.

The topic of whether or not there is racism in the legal system is becoming increasingly debatable among certain groups. The obvious evidence that has been glaring in the faces of the public for decades says it all: the criminal justice system is, and always has been, swayed by racism. Despite this, the opposing side of the argument - which mostly consists of privileged whites – diligently argues that racism was outlawed decades ago. There are also African Americans who are unaware of how their race is constantly being oppressed. However, the younger generation is quickly becoming culturally and politically woke and passing on the knowledge. Although racism is not explicitly stated in the law, racists are still hiding behind the supremacy of the country. White policemen have went as far as mindlessly killing young black people and claiming it was done out of self-defense. White judges will find loopholes in the legal process when dealing with an offense committed by an African American. They are targeting African Americans and punishing them more harshly than the white people who commit crimes.

The “new” negro no longer embodied “old” characteristics that defined a black man. Society had always taught a black man how to act; however, now he was adapting to the world. Locke declared that ‘the Old Negro’ had long become more of a myth than a man” (Locke, 1). A furthered and detailed definition of an “Old Negro” was that he “was a creature of moral debating historical controversy” (Locke, 1). The four

“E Pluribus Unum”, “Out of Many, One”; Originally used to suggest that out of many colonies or states shall emerge a single unified nation, but over the years it has become the melting pot of the many people, races, religions, cultures and ancestries that have come together to form a unified whole, and even though America prides itself on being this melting pot racism is still alive and well today. America is supposed to be the land of opportunity, the country that calls to so many; calling to them with the promise of freedom and prosperity, to live their lives as they see fit. As stated in the National Anthem, America is "the land of the free and the home of the brave." America is the country where dreams can come true. So if America has

American society likes to believe that race relations in our country are no longer strained. We do not want to hear about the need for affirmative action or about the growing numbers of white supremacist groups. In order to appease our collective conscious, we put aside the disturbing fact that racism is alive and well in the great U.S.A. It hides in the workplace, it subtly shows its ugly face in the media, and it affects the education of minority students nationwide. In the following excerpts from an interview with a middle class African American male, the reader will find strong evidence that race plays a major role in determining the type and quality of education a student receives.

There have been various alterations to the definition of “Black”. In the USA Frederickson (1987) Illustrated in 1705, the state of Virginia boldly declared any child, grandmother, grandfather, grandchild of a Negro, would be deemed as a Negro. Consequently, in 1866, Virginia stated

a pen because it was safer than a gun. This was a valuable lesson I've