Language is [a] most powerful tool. . . . The words we use have meanings
beyond the obvious--they influence attitudes, behavior and perceptions. . . .Biased words and phrases dehumanize and demean . . ., make unwarranted
and incorrect assumptions, perpetuate harmful stereotypes and lead to
unequal treatment.
1996 Guidelines for Judicial Officers, California Judicial Council.
In these “politically correct” times, most of us are conscious of the
language we use and its potential to offend. We know better than to use
derogatory terms, but sometimes the preferred terminology is a moving target.
For example, in the forties, persons of African American descent were properly
referred to as “colored”; in the fifties, the term became “Negro;” and in the
sixties, “Black” was beautiful. Today, “Negro” seems out of style, “Black” is
frowned on by some; and “African-American” likely is the preferred term.
In a related vein, confusion exists regarding the precise meaning of the
terms “Hispanic”, “Chicano”, “Latino”, etc. The United States Supreme Court, in
Hernandez v New York, 111 S.Ct. 1859, 1862 (1991), confronted disagreement even
among those parties particularly interested in the issue, explaining:
Petitioner and respondent both use the term "Latino" in their briefs to this
Court. The amicus brief employs instead the term "Hispanic," and the parties
referred to the excluded jurors by that term in the trial court. Both words
appear in the state-court opinions. No attempt has been made at a distinction by
the parties and we make no attempt to distinguish the terms in this opinion. We
will refer to the excluded venire persons as Latinos in deference to the
terminology preferred by the parties before the Court.......
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