Historical and contemporary evidence is cited to demonstrate that blacks have been victims of white racism in being consistently tried before all-white juries or juries in which blacks were seriously under-represented. In addition, a small but suggestive body of psychological studies illustrates the potency of subjective and nonevidentiary variables on jury decisions and suggests that blacks cannot receive a fair trial in either civil or criminal cases in which they are judged by white jurors. The case of Huey P. Newton in 1967 and Angela Davis in 1972 are cited as two examples of the use of psychological testing to identify racist attitudes in candidates for jury membership. A discussion of the role of psychological testing of low-income black defendants in determinations of criminal responsibility notes four broad problem areas: (1) lack of availability and accessibility of forensic psychology services to low income black defendants, the professional incompetence of white professionals which causes inappropriate assessments and recommendations, the lack of allegiance of psychological examines to the black defendant, and biases inherent in the selection of court appointed experts. In the area of penal reform, the class action suit of the San Quentin Six is described at length to demonstrate the pathological effects of severe prison conditions and to show how psychological diagnoses and techniques were used to buttress the plaintiffs' cause. Clinical case data, psychological theory, and empirical data demonstrate useful action models and techniques that may be used to redress the problems of blacks involved with the criminal justice system. Sixty references are provided.