Article by Dorothy E. Roberts
This Article addresses the convergence of two tools of oppression—the racial construction of crime and the use of reproduction as an instrument of punishment. Not only is race used to identify criminals, it is embedded in the very foundation of our criminal law. Race helps to determine who the criminals are, what conduct constitutes a crime, and which crimes society treats most seriously. Today, the states have returned to considering reproduction as a solution to crime; meanwhile, the federal government is exploring a genetic cause for criminality. Suggestions for applying reproductive techniques to punish crime have gained alarming acceptance. This Article discusses each of these aspects of American criminal justice; but the principle focus is the significance of the convergence of the two. The racial ideology of crime increasingly enlists biology to justify the continued subordination of blacks. My purpose is to explore the particular “technology of power” that links crime, race, and reproduction.
About the Author
Dorothy E. Roberts. Associate Professor, Rutgers University School of Law-Newark. B.A., 1977, Yale College; J.D., 1980, Harvard Law School.
Citation
67 Tul. L. Rev. 1945 (1993)