Santa Clara Law Santa Clara Law Digital Commons Faculty Publications Faculty Scholarship 1-1-2002 Cleansing Moments and Retrospective Justice Margaret M. Russell Santa Clara University School of Law,
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[email protected]. CLEANSING MOMENTS AND RETROSPECTIVE JUSTICE MargaretM. Russell* I. INTRODUCTION: "RE-TRYING" RACE We live in an era of questioning and requestioning long-held assumptions about the role of race in law, both in criminal prosecu- tions specifically and in the legal process generally. Certainly, the foundational framework is not new; for decades, both legal literature and jurisprudence have explored in great detail the realities of racism in the legal system.' Even among those who might prefer to ignore the role of race discrimination in more than two centuries of American law, denial is no longer a viable or intellectually defensible option. Rather, debate now centers upon whether or not the extensive history of American jurisprudential race discrimination should affect the way we interpret or resolve current doctrinal dilemmas. Perhaps the most well-known example of this requestioning is the burgeoning innocence movement, which emerged primarily from scientific DNA research that established the factual innocence of long- * Associate Professor, Santa Clara University School of Law.