Using International Human Rights Law to Combat Racial Discrimination in the U.S. Criminal Justice System

Given the disproportionate representation of minorities in various stages of the American criminal justice system, some kind of problem exists. Part II of this Article describes the roots of international human rights law as related to the prohibition of racial discrimination in general, followed by a discussion of racial discrimination as it has existed in American society. Part III sets out various examples of racial discrimination to illuminate how the problem can play out, from wrongful accusations to the courtroom. These examples will be presented in an effort to explain the statistics that are often quoted, followed by a summary of some of those statistics designed to show which minorities are affected. The foundations of racial discrimination in U.S. law will then be discussed in Part IV which includes more statistics and examples showing the extent of the problem in the criminal justice system. Part V presents potential domestic solutions, including those that have already been tried and those which offer hope. Finally, the role of evolving international human rights law will be examined in Part VI, adding to the pool of potential solutions and showing that the most effective solutions may be in this realm. A look to the future concludes this piece