In this Book

Black Rage Confronts the Law

Book
Paul Harris
1997
Published by: NYU Press
summary

Traces the origins of the black rage defense in criminal court history

In 1971, Paul Harris pioneered the modern version of the black rage defense when he successfully defended a young black man charged with armed bank robbery. Dubbed one of the most novel criminal defenses in American history by Vanity Fair, the black rage defense is enormously controversial, frequently dismissed as irresponsible, nothing less than a harbinger of anarchy. Consider the firestorm of protest that resulted when the defense for Colin Ferguson, the gunman who murdered numerous passengers on a New York commuter train, claimed it was considering a black rage defense.

In this thought-provoking book, Harris traces the origins of the black rage defense back through American history, recreating numerous dramatic trials along the way. For example, he recounts in vivid detail how Clarence Darrow, defense attorney in the famous Scopes Monkey trial, first introduced the notion of an environmental hardship defense in 1925 while defending a black family who shot into a drunken white mob that had encircled their home.

Emphasizing that the black rage defense must be enlisted responsibly and selectively, Harris skillfully distinguishes between applying an environmental defense and simply blaming society, in the abstract, for individual crimes. If Ferguson had invoked such a defense, in Harris's words, it would have sent a superficial, wrong-headed, blame-everything-on-racism message. Careful not to succumb to easy generalizations, Harris also addresses the possibilities of a white rage defense and the more recent phenomenon of cultural defenses. He illustrates how a person's environment can, and does, affect his or her life and actions, how even the most rational person can become criminally deranged, when bludgeoned into hopelessness by exploitation, racism, and relentless poverty.

Table of Contents

Cover

pp. Cover-iv

Title Page

pp. v-v

Copyright Page

pp. vi-vii

Contents

pp. ix-ix

Acknowledgments

pp. xi-xi

Introduction

pp. 1-8

Chapter 1 The Black Rage Defense, 1846: The Trial of William Freeman

pp. 9-30

Chapter 2 The Black Rage Defense, 1971

pp. 31-58

Chapter 3 The Law: Its Myths and Rituals

pp. 59-80

Chapter 4 Black Rage 1971: The Case of James Johnson, Jr.

pp. 81-111

Chapter 5 James Johnson's Workers' Compensation Case

pp. 112-124

Chapter 6 Racism, Rage, and Criminal Defenses

pp. 125-146

Chapter 7 To Use or Not to Use The Black Rage Defense

pp. 147-162

Chapter 8 Race, Class, and the Trials of Clarence Darrow

pp. 163-182

Chapter 9 A Survey of Black Rage Cases

pp. 183-202

Chapter 10 Urban War Zones

pp. 203-213

Chapter 11 White Rage—Hate Crimes

pp. 214-227

Chapter 12 White Rage—Do Prisons Cause Crime?

pp. 228-240

Chapter 13 The Cultural Defense and the Trials of Patrick Hooty Croy

pp. 241-263

Chapter 14 "Remake the World"

pp. 264-276

Notes

pp. 277-290

Index

pp. 291-294
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