Raffey
2 min readSep 22, 2021

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May I offer you a quick way to explore CRT in practice?

Using the links below, you can put yourself in the role of someone engaged in Critical Race Theory and tell us what you think.

Between 1854 and 2021, The People versus Hall has been cited in judicial decisions 22 times. 11 times before the 1965 passage of the Civil Rights Act and 11 times after (including 4 times since 2000 alone).

The People versus Hall provides an example of blatant racism. Using the case law project tools, it takes two minutes to follow the glacially slow process required to overcome these racist laws. I warn you, it is difficult to read the language that Supreme Court Judges entered into the record of history. Nonetheless, I suggest people read it.

The People versus Hall revolves around eyewitness testimony that resulted in Hall’s murder conviction. Hall, the defendant, appealed his conviction on the basis that the eyewitness was Chinese. A couple excerpts offer insight into the judges thinking. I quote:

“The 394th section of the Act Concerning Civil Cases, provides that no Indian or Negro shall be allowed to testify as a witness in any action or proceeding in which a White person is a party.

The 14th section of the Act of April 16th, 1850, regulating Criminal Proceedings, provides that “No Black or Mulatto person, or Indian, shall be allowed to give evidence in favor of, or against a white man.”

The true point at which we are anxious to arrive is, the legal signification of the words, “ Black, Mulatto, Indian and White person,” and whether the Legislature adopted them as generic terms, or intended to limit their application to specific types of the human species.”

The judges go on to discuss race from Columbus in 1492 onward. Again, I strongly recommend you read the full judgement for yourself. The Supreme Court judges continued, writing:

“We are of the opinion that the words “white,” “negro,” “mullatto,” “Indian,” and “black person,” wherever they occur in our Constitution and laws, must be taken in their generic sense, and that, even admitting the Indian of this continent is not of the Mongolian type, that the words “black person,” in the 14th section, must be taken as contradistinguished from white, and necessarily excludes all races other than the Caucasian.

The same rule which would admit them to testify, would admit them to all the equal rights of citizenship, and we might soon see them at the polls, in the jury box, upon the bench, and in our legislative halls.

This is not a speculation which exists in the excited and over-heated imagination of the patriot and statesman, but it is an actual and present danger.”

Having established a clear precedent, the court overturns Hall’s conviction and a white murderer is set free.

Link to decision in The People v Hall

https://cite.case.law/cal/4/399/

Link to 22 cases citing The People v Hall between 1854 to 2015

https://cite.case.law/citations/?q=4216544

For future reference, the “Case Law Project” from Harvard University offers you a quick way to explore the slow journey of law. Link here https://lil.law.harvard.edu/projects/caselaw-access-project/

I eagerly await your reply.

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Raffey
Raffey

Written by Raffey

Rural America is my home. I serve diner, gourmet, seven course, and homecooked thoughts — but spare me chain food served on thoughtless trains of thought.

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