, rate for the BME defendant fell after deliberation in cases where race was an explicit issue in the case, p.170
It is therefore difficult to distinguish the effect of having a BME juror on White jurors from the effects of living in London, because the conviction rates for Blackfriars jurors in Thomas' study were very much lower than those in Nottingham, which was lower again than those in Winchester. It is also worth noting that White jurors had the same overall pattern of decision-making for White, Asian and Black defendants as BME jurors: 'They were least likely to convict the Black defendant and most likely to convict the White defendant' -and this in experiments which used the same evidence each time. At the level of juries rather than jurors, most cases resulted in hung verdicts, and even in Winchester only 4/20 experimental trials resulted in a guilty verdict. So at the level of juries the dramatic racial differences seen at the level of jurors do not appear. But the juror-level findings are sufficiently distressing that it seems premature to celebrate the fairness of our jury system in the way that journalists, The only difference between White jurors serving on racially mixed and on all-White juries was that White jurors on racially mixed juries had lower conviction rates overall, p.16 ,
, The point, essentially, is this: that the precise content of our hierarchies of colour or of sex is pretty indeterminate -so what it means to be a 'woman' or 'black' cannot be read off biological facts about us, or through philosophical reflection on metaphysical attributes. Hence, the point about studying practices of jury exclusion, or of racial profiling, as I see it, is not simply to see how contemporary social practices can reproduce past forms of inequality, but to see how they can create new forms of justice or injustice. See, for example, This point is particularly well-made by McPherson and Shelby, supra, and in Haslanger's articles on gender and race in Resisting Reality, ch. 7, 2015.
Towards a Theory of Race, Crime and Urban Inequality, pp.37-54, 1995. ,
, , 1998.
Racial Profiling and the Political Philosophy of Race', forthcoming in Naomi Zack ed., The Oxford Handbook of the Philosophy of Race, 2016. ,
, See, for example, Bruce Western, who notes that "despite the end of welfare as we knew it, government had not withdrawn from the lives of America's poor: its role had simply changed. More punitive than limited, government had reached deeply into poor urban communities by sending record numbers of young men to prison and jail at a time when crime rates were at their lowest levels in thirty years, I draw from my philosophical research on racial profiling and from recent sociological studies on the racial dimensions and effects of the increasingly punitive legal systems in Britain and the United States, 2006.
The Making of the Black Gulag', pp 95-100. See also Annabelle Lever, 'Why Racial Profiling is Hard to Justify: A Response to Risse and Zeckhauser, Killing the Black Body: Race, Reproduction and the Meaning of Liberty, vol.33, pp.20-28, 1997. ,
See also Steve Holbert and Lisa Rose, The Color of Guilt and Innocence: Racial profiling and Police Practices in America, p.169, 2003. ,