New Article on Racial Bias in Evidence Rules

Jasmine Gonzales Rose has posted Toward a Critical Race Theory of Evidence on ssrn. The article is forthcoming in the Minnesota Law Review.

Here’s the abstract:

Scholars, judges, and lawyers have long believed that evidence rules apply equally to all persons regardless of race. This Article challenges this assumption and reveals how evidence law structurally disadvantages people of color. A critical race analysis of stand-your-ground defenses, cross-racial eyewitness misidentifications, and minority flight from racially-targeted police profiling and violence uncovers the existence of a dual-race evidentiary system. This system is reminiscent of nineteenth century race-based witness competency rules that barred people of color from testifying against white people. I deconstruct this problem and introduce the original concept of “racialized reality evidence.” This construct demonstrates how evidence of people of color’s lived experiences of systemic racism are regularly excluded at trial, while evidence of white norms and beliefs receives “implicit judicial notice.” Finally, I advocate for a new critical race theory of evidence law and offer solutions — including a reinterpretation of Federal Rule of Evidence 403 — to increase equality in the courtroom.

About Ann Tweedy

Tribal Attorney for Muckleshoot Indian Tribe, legal scholar, adjunct professor at University of Tulsa, and poet. Read more at
This entry was posted in Author: Ann Tweedy, Criminal, police killings, Research, Scholarship and tagged , , , . Bookmark the permalink.

One Response to New Article on Racial Bias in Evidence Rules

  1. Lara/Trace says:

    As someone who did research on this, there is no such thing as “race,” just ancestry.

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