University of Pittsburgh
April 30, 2006

Pitt Experts Available to Speak About the Duke University Assault Case

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PITTSBURGH-The following University of Pittsburgh faculty members are available to comment on the unfolding issues surrounding the case against the Duke University lacrosse team players.

John M. Burkoff, professor of law, is a nationally recognized expert on legal ethics.

Burkoff says "a prosecutor has to walk a fine line. He has an obligation to let the community know that he's involved and is investigating whether a criminal act has been committed. On the other hand, he has to be careful not to say the kinds of things that might prejudice a jury if the case goes to trial."

He also noted, "It's not uncommon for criminal cases these days to be tried not only in the courtroom but also in the press. Part of the media onslaught includes the creation of story lines by both sides-the defense may demonize the victim just as the prosecutor may demonize the defendant."

Burkoff often serves as an expert witness or consultant, and was the reporter for the American Bar Association's third edition revisions of the national "Prosecution and Defense Function Standards," the ethical standards for the criminal bar. He also was chair of the American Bar Association Task Force that revised the professional standards for criminal trial judges.

Larry Davis, dean of Pitt's School of Social Work, is director of Pitt's Center on Race and Social Problems. He says the reason this incident is particularly unfortunate is that it brings to memory the long pernicious Black-White history of race and sex in America. Few are oblivious to the fact that Black women have been historically exploited by White males, particularly in the South. Hence, this incident irrespective of the guilt or virtues of the parties involved will conjure up the emotional baggage surrounding Black sexual exploitation at the hands of privileged Whites in America.

Still another issue of importance, Davis said, is the question that many Blacks will privately if not publicly ask: What would have been America's response had the accused been Black and the female been White?

According to Davis, the only possible potential favorable outcome is that Blacks and Whites may be forced to address unfinished racial business. The discussion of this topic and its historical significance may bring forth some healing and closure via some emotional catharsis around this topic. Perhaps not unlike the Truth Commission that took place in South Africa, let us hope that the region, town, and people involved can benefit and move forward.

Davis has focused his academic and research interests on race, diversity, and gender and class issues. The Center on Race and Social Problems looks at how race influences group relations, economic and educational disparities, mental health practices, families, and criminal justice.

Consuella Lewis, assistant professor of education, has had a career in student affairs. An expert in the field of higher education administration, she teaches classes on residence life and the politics and history of higher education.

Lewis said the role of student affairs professionals and the administration is to engage in setting standards and asking all students to abide by those standards, including the sports teams.

"There should be a consistent application of those standards and dissonance of the application-one part of the student body is expected to follow standards and another is exempt-can cause problems."

Lewis said institutions also have judicial boards and that the school's policies should be enforced through the judicial process. In such a situation as occurred with the Duke lacrosse players, a hearing should be held to determine whether a student should be allowed to remain in school.

Posing the question "Does playing sports engender privilege," Lewis said, "If you have a winning team, it becomes a marketing tool. It's important that community standards are enforced across the board; otherwise, it can become a PR nightmare."

Lewis is secretary for the Council on Ethnic Participation for the Association for the Study of Higher Education and a policy program associate for the National Center for Public Policy in Higher Education.

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