University of Alabama lawprof Russell Gold opened the abstract to his new law review article with a very provocative assertion: Criminal procedure is systemically racist and classist. He sums up his argument succinctly:
This Article argues that comparing criminal procedure to civil procedure on a broad scale provides new and valuable insight into the systemic racism and classism woven into the fabric of U.S. law. Criminal defendants are disproportionately poor people of color, while civil defendants are often wealthy corporations whose executives are largely White; those wealthy civil defendants play an outsized role in developing civil procedure. One might expect to see greater procedural protections before criminal defendants are deprived of their liberty than for civil defendants before they are deprived of their money. But the reality cuts decidedly the other way.
