Whether the "vernacular of the law" is anti-Black is a complex question. While legal language itself may not be inherently biased, the context in which it's used and the attitudes towards African-American English (AAVE) within the legal system can lead to discriminatory outcomes.
Here's why it's important to consider:
Linguistic Bias and Misunderstanding: Speakers of AAVE may face discrimination in legal settings due to linguistic prejudice. Studies have shown that court reporters struggle to accurately transcribe and paraphrase AAVE, potentially leading to misunderstandings and harming a defendant's case according to The New York Times. This can impact a person's right to due process and an adequate transcript for appellate review.
Perpetuation of Implicit Biases: Difficulties in understanding AAVE can reinforce negative stereotypes and implicit biases held by judges, jurors, and police officers. This can lead to Black individuals being perceived as less credible or intelligent, affecting the fairness of proceedings.
Disparate Treatment and Outcomes: Research suggests that linguistic bias can influence interactions with police, leading to less respectful language used towards Black individuals during traffic stops. Furthermore, within the criminal justice system, evidence of racial bias in policing, prosecution, and sentencing, can result in disproportionately harsher outcomes for Black individuals, says the National Institutes of Health (NIH).
Systemic Nature of Racism: Critical Race Theory (CRT) highlights that racism is embedded within the structures of society, including legal systems. This means that while individual actions may play a role, systemic biases within the legal system contribute to racial inequality, according to the Legal Defense Fund.
In summary: While the words themselves in legal texts might be considered neutral, the way they are interpreted and applied within a system that has historically disadvantaged Black people can perpetuate racial inequality. Addressing this issue requires acknowledging linguistic diversity, training legal professionals to understand different dialects, and actively working to dismantle the systemic biases that contribute to disparities in the justice system.
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