ABSTRACT
This chapter shows that what the legal actors negotiate are linages of being white as well as those of being black. The defence influence the inadmissibility of certain incriminating evidence - albeit in white defendants' cases. If the defence's understanding and knowledge of those elements differ according to race, the occurrence of a discrepancy is foreseeable in the pattern by which the elements are redefined in cases concerning black and white defendants—which means that the 'same' objects specifying legal proof could be given alternative representations by the defence. It is also common in black defendants' cases for the defence in his/her closing argument to merely assert that the prosecution's evidence in connection with proceeds of drug trafficking is hypothetically-based. A variation which is racially based appears in the way that stated justifications are fed the court by the defence and that discrepancy is influenced by the quantity of drug involved.
