Paul Butler argues that due to disparate impact on African Americans in the criminal justice system, African American jurors ought to exercise their right of nullification when there are African American defendants of nonviolent crimes. That is, they should refuse to convict these defendants in part to redress the racism and discrimination experienced by Blacks, and in part because Butler argues that these defendants should be addressed in the African American community instead. In this article I summarize Butler's call to nullify and critically review Leipold's and Marder's critiques of Butler's proposal. I argue that Butler's call is a principled tool to use while also working to change disparate treatment and impact due to discrimination in the criminal justice system, While also exploring the problematic issue of returning offenders to the community.
For the last quarter century, the Journal of Black Studies has been the leading source for dynamic, innovative, and creative research on the Black experience. Poised to remain at the forefront of the scholarship in the field, the Journal of Black Studies explores the most vital issues facing African American and Black populations.
Sara Miller McCune founded SAGE Publishing in 1965 to support the dissemination of usable knowledge and educate a global community. SAGE is a leading international provider of innovative, high-quality content publishing more than 900 journals and over 800 new books each year, spanning a wide range of subject areas. A growing selection of library products includes archives, data, case studies and video. SAGE remains majority owned by our founder and after her lifetime will become owned by a charitable trust that secures the company’s continued independence. Principal offices are located in Los Angeles, London, New Delhi, Singapore, Washington DC and Melbourne. www.sagepublishing.com
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