Jasmine Gonzales Rose, Toward a Critical Race Theory of Evidence, 101 Minnesota Law Review 2243 (2017)This article applies a critical race evidentiary inquiry to stand-your-ground defenses, flight from racially targeted police profiling and violence, and cross-racial witness identifications. It also examines the structural causes of the modern dual-race evidentiary system and offers suggestions about how critical evidentiary analysis by the bench, bar, and academy—including a reinterpretation of Federal Rule of Evidence 403—which could make evidence law more equitable. A central objective of this Article is to explore the ways evidence law silences minority narratives in the courtroom while reinforcing majority experiences and perspectives.
"Part II applies a critical race evidentiary inquiry to stand-your-ground defenses, flight from racially targeted police profiling and violence, and cross-racial witness identifications...Part III examines the structural causes of the modern dual-race evidentiary system and offers suggestions about how critical evidentiary analysis by the bench, bar, and academy—including a reinterpretation of Federal Rule of Evidence 403—could make evidence law more equitable." "A central objective of this Article is to explore the ways evidence law silences minority narratives in the courtroom while reinforcing majority experiences and perspectives."
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