Pretext and Justification: Republicanism, Policing, and Race

Yankah, Ekow N.

doi:10.1017/9781108354721.007

Cited by 4 publications

(2 citation statements)

References 30 publications

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“…A subsequent Department of Justice investigation found that 95% of “manner of walking along a roadway” charges in Ferguson were levelled against Black people, despite accounting for only two‐thirds of the population (Ehrenfreund 2015). Where it is discussed at all in mainstream discourse, cars’ role in racial injustice often centres around the over‐policing of Black motorists—sometimes referred to as “driving whilst Black” (Sorin 2020; Yankah 2019); yet the over‐policing of Black pedestrians has witnessed comparatively less attention. So‐called “jaywalking” ordinances are but one facet of a key imperative that has fundamentally shaped public and urban space in the US—the requirement to make way for the motorist .…”

Section: Black Lives Mattermentioning

confidence: 99%

Whose Streets? Roadway Protests and Weaponised Automobility

Savitzky

Cidell

2022

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The article examines the role of automobility in US‐based anti‐racism demonstrations and counter‐demonstrations. We contrast the spatial strategies of highway occupations by racial justice activists, with so‐called “weaponised car” attacks by the American far right. Analysing online memes and anti‐protest legislation, the article explores under‐acknowledged links between “automobile supremacy”—the structure of motorists' privilege as embedded in law, the built environment and the popular imaginary—and the patterns of racial stratification often termed “white supremacy”. We document three ways in which automobility has been enlisted as means of violence against protestors and against wider Black communities in the US: through the use of vehicles, right‐of‐way conventions, and roadways as weapons. The article demonstrates how the imperative to make way for the motorist has long provided cover for racial injustice.

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Section: Black Lives Mattermentioning

confidence: 99%

Whose Streets? Roadway Protests and Weaponised Automobility

Savitzky

Cidell

2022

Antipode

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“…For instance, we might attempt to address racial disparities in policing which put minorities at greater risk of coming to a prosecutor's attention, the differential treatment they receive from prosecutors themselves, and subsequent disparities (for instance, in convictions or sentencing) which amplify the impact of earlier disparities. Addressing racial disparities in the justice system is obviously its own immense topic which I cannot delve into it, but the literature contains many suggestions about steps which might be taken (e.g., " Reducing…" 2008, 25-61;Yankah 2013Yankah , 2019, and, again, addressing these disparities is advisable anyway.…”

Section: Possible Solutionsmentioning

confidence: 99%

Prosecutorial Discretion and Republican Non-Domination

Crummett

2020

Ethic Theory Moral Prac

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Prosecutors in the US legal system have great power to interfere at their discretion in the lives of citizens, and face relatively few checks on the exercise of this discretion. The vast scope of the criminal law provides a pretext for prosecuting nearly anyone. Meanwhile, other features of the legal system, such as the way plea bargains are structured and the doctrine of prosecutorial immunity, further increase prosecutorial power. And existing institutional restraints on prosecutorial abuses, such as democratic accountability, the grand jury system, and the possibility of a selective prosecution defense, are mostly ineffectual. I draw on republican political theory, including insights from Philip Pettit and Elizabeth Anderson, to argue that this state of affairs gives prosecutors dominating, and therefore unjust, power over vast swathes of the public. I then survey some potential institutional changes which might help ameliorate the problem.

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A Feminist Critique of Police Stops

Ross

2020

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Well, if one really wishes to know how justice is administered in a country, one does not question the policemen, the lawyers, the judges, or the protected members of the middle class. One goes to the unprotectedthose, precisely, who need the law's protection most! James Baldwin, No Name on the Street (Michael Joseph, 1972) from terry stops to police brutality and sexual assault Let me begin with one of my favorite law students. Whenever I went to Youth Court, Richard, a third-year law student, would offer to carry the large poster board and other props I brought. His gentlemanly style seemed a throwback to an earlier era. When he wore jeans, they appeared ironed. When he spoke to me, he started each sentence with my title, as in, "Professor Ross, today we are in a different room." Among many dedicated law students, Richard stood out with his quiet drive to make each training session better than the last. One day I discovered a primary source of his motivation: Before Richard became a law student at Howard University in Washington, DC, he lived in New York City and worked at a restaurant. One evening when he was 18, weeks away from graduating high school, he became a victim of stop-and-frisk. About seven years before we spoke: Richard leaves his job as a dishwasher in Brooklyn at 9 p.m., he begins his mile-long walk home. Although this is known as a bad neighborhood, Richard knows it well, and is comfortable navigating its streets. As he strides purposefully down the sidewalk, he notices three uniformed officers walking toward him. For the first time, Richard feels unsafe in his own neighborhood. The officers block his path, while one demands, "Where are you going at this time of night?" "I'm going home," answers Richard, trying to keep the fear out of his voice. "Identification," barks the same officer.

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Pretext and Justification: Republicanism, Policing, and Race

Cited by 4 publications

References 30 publications

Whose Streets? Roadway Protests and Weaponised Automobility

Whose Streets? Roadway Protests and Weaponised Automobility

Prosecutorial Discretion and Republican Non-Domination

A Feminist Critique of Police Stops

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