Senior Associate Dean Fairfax Contributes Article in New Book: "Policing the Black Man"

March 28, 2018
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Roger A. Fairfax, Jr., Jeffrey and Martha Kohn Senior Associate Dean for Academic Affairs and Research Professor of Law, contributed a chapter to a new book called Policing the Black Man. The book is a comprehensive, readable analysis, which explores and critiques the many ways the criminal justice system impacts the lives of African American boys and men. Topics discussed include racial profiling, implicit bias, the disproportionate imprisonment of black men, mass incarceration, and the failure of the Supreme Court and other official bodies to reform the system. The killings of Trayvon Martin, Michael Brown, Eric Garner, Walter Scott, Tamir Rice, Freddie Gray, and others "served as a catalyst for this anthology," said Angela J. Davis, the book's editor. "This anthology explores and explains the policing of black men from slavery to the present day and at every stage of the criminal process and beyond."

Dean Fairfax's chapter, "The Grand Jury and Police Violence Against Black Men," examines the role of a grand jury and prosecutor in the criminal process. In cases involving police officers killing unarmed black men, officers are often not arrested or charged with a crime. He explores several possible reforms designed to avoid unjust grand jury decisions in these cases, but argues that the independence of the prosecutor in these cases is the most important factor. "Prosecutors control the presentation of evidence, have the ability to challenge witness narratives, instruct the grand jurors on the governing law, and ultimately guide the grand jury toward its ultimate conclusion. Given the close working relationship between local prosecutors and local law enforcement, ensuring the independence of prosecutors in these cases is key." he said. Dean Fairfax acknowledges examples of local prosecutors who successfully have obtained indictments in these cases, but points out that "having an independent prosecutor in these cases can help to enhance public confidence in the outcome of proceedings and the administration of justice more generally."

Authors featured in the book: Bryan Stevenson, Marc Mauer, Kristin Henning, Renée McDonald Hutchins, Katheryn Russell- Brown, Tracey Meares and Tom Tyler, Angela J. Davis, Ronald F. Wright, Jin Hee Lee and Sherrilyn A. Ifill, and Jeremy Travis and Bruce Western.

A Panel Discussion with the Contributors

Dean Fairfax also participated in a panel discussion at Politics and Prose Bookstore to discuss Policing the Black Man along with Ms. Davis, the book's editor, and two other contributors. After the discussion, guests were able to ask questions about the effects aggressive policing has on black youth; the standard that is used for police officers regarding unreasonable searches and seizures; and how panelists view restorative justice practices as a possibility of reducing trauma caused by aggressive policing. The entire conversation can be viewed below.

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