In the Trayvon Martin case, race was made salient by the extensive media coverage and the huge public outcry over the Sanford Police Department's failure to arrest. Most criminal cases, however, do not receive the kind of media attention received by the Trayvon Martin case. In most criminal cases involving a Black defendant or victim, race is a background factor that is not highlighted by either party.
Accordingly, this Article proposes that prosecutors and criminal defense attorneys who are concerned about the operation of implicit racial bias should attempt to make race salient in the criminal courtroom. The Article provides a few concrete suggestions as to how race can be made salient and concludes by addressing possible objections to its proposal.
Trayvon Martin died prematurely when he was shot by George Zimmerman last year. The untimely death of an innocent Black teenager and the Sanford Police Department's failure to arrest the man who shot him sparked a nationwide debate about race and justice in America. Race was made salient in the Trayvon Martin case by the huge public outcry following the shooting and the extensive media coverage of the shooting.
One unexpected benefit that came from all this public attention was that it focused people's attention on the pervasiveness of racial stereotypes. Most criminal cases, however, do not garner the same level of media attention or public scrutiny. In the run-of-the-mill criminal case, race is not an issue that is highlighted by either party even when the defendant or victim is a racial minority and racial stereotypes and implicit racial bias are likely to influence the verdict.
Recent social science research on race salience demonstrates that making race salient can encourage jurors to treat Black and White defendants equally. The same research indicates that not making race salient can lead to unequal treatment of Black and White defendants.
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In light of this research, this Article urges attorneys who are concerned about the effects of implicit racial bias to make race salient. Making race salient, not being blind to racial difference, may be the best way to even the scales of justice.
In February , United States Supreme Court Justice Sonia Sotomayor, the Court's first Hispanic Justice, made race painfully salient for one federal prosecutor by publicly criticizing his racially stigmatizing questioning of an African American defendant charged with participating in a drug conspiracy. A critical issue in the case was whether the defendant knew that the people with whom he was traveling were about to engage in a drug deal.
We expect the Government to seek justice, not to fan the flames of fear and prejudice. I hope never to see a case like this again. Even though she joined the majority of the Court in ruling in favor of the government, Justice Sotomayor made race salient by highlighting the ways in which the prosecutor's remarks relied on racial stereotypes and prejudice.
Her remarks will likely encourage the prosecutor in this case and attorneys in future cases to think twice before making similar comments that draw generalizations about individuals based on their race. Vernellia R. Brett Kavanaugh. Randall's Scholarship. The site is available without logging in. This login is only available for "Special Viewing". There is generally one email per month. West objected to a third-degree murder charge also sought by prosecutors on Thursday, July 11, the day closing arguments began.
• Trayvon Martin - the role of racial bias in the shooting | Statista
The judge ruled out that charge but said the jury could consider convicting the defendant of manslaughter. Key moments in the Zimmerman trial — Dr. Vincent Di Maio, a forensic pathologist and gunshot wound expert, describes Zimmerman's injuries while testifying for the defense Tuesday, July 9. Key moments in the Zimmerman trial — Defense attorney Mark O'Mara, right, questions forensics animation expert Daniel Schumaker, center, at the bench of Judge Debra Nelson with Assistant State Attorney Richard Mantei, left, during a July 9 hearing on the admissibility of animation created for the defense.
Schumaker showed the judge and Mantei some 3-D animation on his laptop after an overhead projector didn't work. Key moments in the Zimmerman trial — John Donnelly, a friend of George Zimmerman's, cries on the witness stand on Monday, July 8, in Sanford, Florida, after listening to screams on the tape entered in evidence. Key moments in the Zimmerman trial — Sondra Osterman, a friend of Zimmerman's, listens to the tape while testifying on July 8. Key moments in the Zimmerman trial — Mark Osterman, a friend of Zimmerman's, testifies on July 8 and describes the type of gun Zimmerman owned.
Key moments in the Zimmerman trial — Leanne Benjamin, a friend of Zimmerman's, smiles while identifying him in court on July 8. Key moments in the Zimmerman trial — George Zimmerman's mother, Gladys Zimmerman, listens to the tape while taking the stand during his trial in Seminole County circuit court on July 5.
Bao conducted the final autopsy on Martin and determined the cause of death to be a gunshot wound to the chest.
5 Years After His Death, Trayvon Martin Still Impacts the Future of #BlackLivesMatter
Here, Gorgone points to a sweatshirt worn by Trayvon Martin on the night Martin was shot. Key moments in the Zimmerman trial — Gorgone points to a jacket worn by Zimmerman on the night of the shooting. Key moments in the Zimmerman trial — Firearms analyst Amy Siewert from the Florida Department of Law Enforcement answers questions from the prosecution while holding Zimmerman's gun on July 3.
Siewert examined the gun and said Zimmerman had one bullet ready to fire in the chamber as well as a fully loaded magazine when the shooting occurred. Key moments in the Zimmerman trial — Alexis Carter, a military prosecutor, testifies during the trial on July 3.
Carter taught a criminal litigation class that Zimmerman completed, and testified that the class included extensive coverage of Florida's self-defense laws. Key moments in the Zimmerman trial — Mark Osterman, a U. Air Marshal and friend of Zimmerman's who wrote a book about the case, testifies on Tuesday, July 2. He recounted the story of the shooting that Zimmerman told him and testified that when he took Zimmerman home from the police station after the shooting, Zimmerman wasn't acting like himself.
Key moments in the Zimmerman trial — Prosecutor Bernie de la Rionda, on July 2, demonstrates a possible scenario while questioning state witness Chris Serino, a Sanford police officer. Mora lived in Zimmerman's neighborhood at the time of the shooting. Lauer called on the night of the shooting.
She appeared to get frustrated several times during the cross-examination, including one time when West suggested they could break until the morning so she'd have more time to review the deposition transcript. Key moments in the Zimmerman trial — The evidence letter that Jeantel says she wrote with a friend for Sybrina Fulton, Martin's mother, is displayed during the trial on June When the defense asked Jeantel to read the letter, she said she couldn't read cursive.
She asked a friend to write the letter for her, she said. Key moments in the Zimmerman trial — Jeantel testifies on Wednesday, June She was the last person to speak with Martin on the phone. Key moments in the Zimmerman trial — Zimmerman walks past Martin's parents, Sybrina Fulton, left, and Tracy Martin, second from left, as he enters the courtroom after lunch recess on June Key moments in the Zimmerman trial — Diana Smith of the Sanford Police Department on Tuesday, June 25, shows the jury a bag of Skittles that was collected as evidence at the crime scene.
Martin was said to be carrying the bag of candy and a soft drink at the time of his death. Key moments in the Zimmerman trial — Assistant state attorneys John Guy, left, and Richard Mantei hold up Martin's sweatshirt as evidence during Zimmerman's trial on June After Martin's death, protesters started wearing hoodies in solidarity against racial profiling.
Key moments in the Zimmerman trial — During the trial on June 25, crime scene technician Diana Smith shows the jury a gun that was collected as evidence. Key moments in the Zimmerman trial — Zimmerman laughs with defense attorney Don West during his trial on June Key moments in the Zimmerman trial — Selene Bahadoor enters the courtroom to take the witness stand on June She was the first eyewitness to testify and said the shooting occured right behind her home.
Key moments in the Zimmerman trial — Seminole County dispatcher Sean Noffke testifies on Monday, June 24, about his conversation with Zimmerman on a non-emergency line the night of the shooting. Key moments in the Zimmerman trial — A transcript of Zimmerman's police call on the night of the shooting is projected during opening arguments on June Key moments in the Zimmerman trial — Martin's father, Tracy Martin, cries on June 24 as he listens to the description of his son's death.
Key moments in the Zimmerman trial — Prosecutor John Guy gestures during his opening arguments on June His first words to the six-woman jury may have raised a few eyebrows. Those were his words, not mine.
Since they are all on the witness list, the judge ruled they cannot be present in the courtroom until after they testify. Key moments in the Zimmerman trial — Defense attorney Don West displays a photo of Zimmerman from the night of the shooting during his opening arguments on June He opened his statements with a knock-knock joke but failed to win a laugh.
Who's there? George Zimmerman. George Zimmerman who?
Trayvon Martin and the new Jim Crow
Forget race. Think legal precedent.
Anyone of us would be terrified if we were being followed by a total stranger in a car and more terrified if that stranger parked, got out of the car and went looking for us. Random rapes, attacks, beatings, shootings do exist.
What conclusion would you come to if you were being stalked? This verdict suggests that if I am unarmed and pursued by an armed stranger and respond with actions of self defense, including aggressive self defense, that I may be shot dead when my stalker claims he was defending his life. Many people get in physical fights at schools, streets, everywhere. Very few die from them. Cops were on the way. This verdict suggests it is legal to stalk a stranger via car and on foot and shoot them dead when they conclude they are in danger and fight back in terror.
You cannot possibly believe this scared teenager was the aggressor. Stalking is very aggressive. Stalking initiated this action which led to an innocent child's death. That's the problem, you don't actually understand stalking or what self defense is. You aren't allowed "self defense" until there is a clear threat or actual violence. Stalking means there is malicious intent. Zimmerman didn't plan on killing this kid.
No one had ever even thought to argue that. Everyones argument is "oh, treyvon had a right to defend himself and Zimmerman stalked him.