Tareeq Jalloh

This paper offers some further support to Federico Picinali’s argument, in «Evidential Reasoning, Testimonial Injustice and the Fairness of the Criminal Trial», that a trial is unfair when assessments of relevance and probative value includes an epistemic injustice, namely a testimonial injustice. It has been argued that there are barriers to establishing testimonial injustice in specific cases, such as the ones Picinali surveys. This paper argues that even if we accept that there are concerns about establishing the occurrence of a testimonial injustice in the cases Picinali identifies, we can reformulate the epistemic injustice that renders the trial unfair as a contributory injustice. Reformulating the epistemic injustice as a contributory injustice evades the concerns we might have with establishing testimonial injustice allowing Picinali’s broad argument that a trial is unfair when an assessment of evidence includes an epistemic injustice—contributory or testimonial—to remain intact. This reformulation also offers new propositions on how to combat epistemic injustice.

In this paper, I look to draw novel connections between critiques of drill and epistemic injustice by addressing the question of whether the critical scrutiny of drill constitutes an epistemic injustice. I argue that these critiques constitute two types of epistemic injustice: testimonial injustice and contributory injustice. We see testimonial injustice in how courts and police do not give credibility to drill artists’ testimonies about the storylike nature of their songs, and these credibility deficits are based in racist stereotypes about black criminality and believability. We see contributory injustice in how courts and police, through wilful ignorance, see drill music as violent and criminal rather than expressive and fictional – as drill artists do – which thwarts drill artists’ ability to contribute to shared knowledge.