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Sentencing Law and Policy: "Are There Stories Prosecutors Shouldn't Tell?: The Duty to Avoid Racialized Trial Narratives"


Are There Stories Prosecutors Shouldn t Tell?: The Duty to Avoid Racialized Trial Narratives
The title of this post is the title of this notable new paper authored by Olwyn Conway now available via SSRN. Here s the abstract:
The purportedly race-neutral actions of courts and prosecutors protect and perpetuate the myth of colorblindness and the legacy of white supremacy that define the American criminal system.  This insulates the criminal system’s racially disparate outcomes from scrutiny, thereby precluding reform.  Yet prosecutors remain accountable to the electorate. In recent years, activists and community organizers have mobilized communities to support and elect prosecutors who have pledged to address the racial inequities of the criminal system.  After a summer of protests for racial justice and growing acceptance for the demands of the Movement for Black Lives, we find ourselves in a moment that demands and necessitates transformative proposals that call on ....

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