Blackness on Trial: The Presumption of Non-Innocence in the United States of America Pubblico

Abstract

America’s judicial system is predicated on the notion that every individual is equal and entitled

to the rights stated in the Constitution, one of those rights being the right to be considered

innocent until proven guilty as agreed under the burden of proof in criminal law. Black

Americans appear to be second-class citizens, who exist outside this realm of equality and

justice, however, and this status suggests the need for a very important critique of the judicial

system as fair and just. Not only are the laws not applicable to Black people, but there is a

historical association between Blackness and guilt, or non-innocence. I hypothesize that in

America there exists a presumption of non-innocence for Black people that renders them

inherently guilty. This thesis investigates the ways in which Blackness has and continues to be

criminalized in the U.S. justice system within the legal system and in society. I examine the

cultural concepts that shape views of blackness, the body, the presumption of innocence, gender,

flesh, and citizenship rights to position the presumption of non-innocence as the antithesis of

innocence and Blackness as the antithesis of whiteness in America. While some scholars argue

that it is America’s anti-black judicial system that creates the guilt for Black people, I contend

that is a combination of both the judicial system and the criminalization of Blackness itself that

contribute to the presumption of non-innocence for Black persons.

Table of Contents

Introduction………………………………………………………………………….1

Chapter One: Framing Blackness as Non-Innocent……………………………..…..9

Chapter Two: The Story of Trayvon Martin ……………………………………….20

Chapter Three: From Celia to Cyntoia ……………………………….…………….30

Conclusion………………………………………………………………………….44

Works Cited………………………………………………………………………...54

About this Honors Thesis

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School	Emory College
Department	African American Studies
Degree	B.A.
Submission	Honors Thesis
Language	English
Research Field	African American Studies
Parola chiave	Trayvon Martin Cyntoia Brown Blackness Presumption of Innocence
Committee Chair / Thesis Advisor	Valerie Babb, Emory University
Committee Members	Calvin Warren, Emory University Justin Hosbey, Emory University

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