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Racial discrimination in the US justice system
Racial discrimination in the US justice system
Racial discrimination in the US justice system
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In this paper I will be analyzing two trials, the O.J. Simpson trial and the Oscar Pistorius trial. The O.J. Simpson trial by jury was conducted in California, while Oscar Pistorius’s trial by judge was conducted in South Africa. Both criminal cases dealt with high profile athletes whom were accused of murder. Public opinion on both cases disagreed with the final verdict. In order to fully understand if one system is more effective in reaching the goal of justice. We must look at how judges are selected in each system as well as how criminal cases are conducted in each geographical area. In California, the defendant was found not guilty by a jury, while in South Africa the defendant was found guilty by the judge. I will discuss the advantages and disadvantages of a court trial and a trial by judge. In the context of the O.J. Simpson trial and the Oscar Pistorius trial, we are left with one question is one system more efficient in reaching justice?
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However, when put into context with both criminal cases, whether justice is served can be determined. In the O.J. Simpson trial, holding a trial by jury benefited the defendant not justice. The defense team was able to convince the jury into believing that he was not guilty using emotional appeal. This verdict of this case shocked the American people who were not swayed by the defense and looked strictly at the incriminating evidence that determined O.J. was the murderer (Pitts, 199). However this could not have been said for the jury who ignored the facts and voted on the basis of race. Because of existing racism in the United States and distrust in rulings against African Americans, bias existed within the black jurors. While America knew O.J. Simpson was guilty of murder, the trial by jury failed to bring forth justice. For that reason, this case became historical because it demonstrated the failure of the court system (Lassiter,
Despite the efforts of lawyers and judges to eliminate racial discrimination in the courts, does racial bias play a part in today’s jury selection? Positive steps have been taken in past court cases to ensure fair and unbiased juries. Unfortunately, a popular strategy among lawyers is to incorporate racial bias without directing attention to their actions. They are taught to look for the unseen and to notice the unnoticed. The Supreme Court in its precedent setting decision on the case of Batson v. Kentucky, 476 U.S. 79 (1986), is the first step to limiting racial discrimination in the court room. The process of selecting jurors begins with prospective jurors being brought into the courtroom, then separating them into smaller groups to be seated in the jury box. The judge and or attorneys ask questions with intent to determine if any juror is biased or cannot deal with the issues fairly. The question process is referred to as voir dire, a French word meaning, “to see to speak”. During voir dire, attorneys have the right to excuse a juror in peremptory challenges. Peremptory challenges are based on the potential juror admitting bias, acquaintanceship with one of the parties, personal knowledge of the facts, or the attorney believing he/she might not be impartial. In the case of Batson v. Kentucky, James Batson, a black man, was indicted for second-degree burglary and receipt of stolen goods. During the selection of the jury the prosecutor used his peremptory challenges to strike out all of the four black potential jurors, leaving an all white jury. Batson’s attorney moved to discharge the venire, the list from which jurors may be selected, on the grounds that the prosecutor’s peremptory challenges violated his client’s Sixth and Fourteenth Amendment rights to have a jury derived from a “cross-section of the community”(People v. Wheeler, 583 P.3d 748 [Calif. 1978]). The circuit court ruled in favor of the prosecutor and convicted Batson on both counts. This case went through the courts and finalized in the U.S. Supreme Court.
After a lengthy two hundred and fifty-two-day trial “not guilty” were the words that left the world in shock. O.J Simpson was your typical golden boy. He had it all, the nice car, the football career, and his kids. Unfortunately, this all came to an end when two bodies came to be spotted deceased in Nicole Browns front yard and was a gruesome sight. O. J’s ex-wife Nicole Brown and her friend Ronald Goldman both found with brutal stab marks. Unfortunately, all his glory days now brought to an end, he went from playing on the field to begging for his freedom when becoming the main suspect of their murders. Since this trial has not only altered the way Americans viewed celebrities, but it also racially divided society,
At trial, your life is in the palms of strangers who decide your fate to walk free or be sentenced and charged with a crime. Juries and judges are the main components of trials and differ at both the state and federal level. A respectable citizen selected for jury duty can determine whether the evidence presented was doubtfully valid enough to convict someone without full knowledge of the criminal justice system or the elements of a trial. In this paper, juries and their powers will be analyzed, relevant cases pertaining to jury nullification will be expanded and evaluated, the media’s part on juries discretion, and finally the instructions judges give or may not include for juries in the court. Introduction Juries are a vital object to the legal system and are prioritized as the most democratic element in our society, aside from voting, in our society today.
The New York Times bestseller book titled Reasonable Doubts: The Criminal Justice System and the O.J. Simpson Case examines the O.J. Simpson criminal trial of the mid-1990s. The author, Alan M. Dershowitz, relates the Simpson case to the broad functions and perspectives of the American criminal justice system as a whole. A Harvard law school teacher at the time and one of the most renowned legal minds in the country, Dershowitz served as one of O.J. Simpson’s twelve defense lawyers during the trial. Dershowitz utilizes the Simpson case to illustrate how today’s criminal justice system operates and relates it to the misperceptions of the public. Many outside spectators of the case firmly believed that Simpson committed the crimes for which he was charged for. Therefore, much of the public was simply dumbfounded when Simpson was acquitted. Dershowitz attempts to explain why the jury acquitted Simpson by examining the entire American criminal justice system as a whole.
In the United States, jury trials are an important part of our court system. We rely heavily on the jury to decide the fate of the accused. We don’t give a second thought to having a jury trial now, but they were not always the ‘norm’.
The jury’s decision, however, was not based on evidence, but on race. A jury is supposed to put their beliefs aside and make a decision based on the information given during the trial. Jury members must do their duty and do what is right. I tried to do what was right, but all the other members of the jury were blind. They chose to convict because of skin color rather than actual evidence from the case.
Steve Bogira, a prizewinning writer, spent a year observing Chicago's Cook County Criminal Courthouse. The author focuses on two main issues, the death penalty and innocent defendants who are getting convicted by the pressure of plea bargains, which will be the focus of this review. The book tells many different stories that are told by defendants, prosecutors, a judge, clerks, and jurors; all the people who are being affected and contributing to the miscarriage of justice in today’s courtrooms.
A crime being committed is the first event to initiate our criminal justice system. On June 12th 1994 a double murder was reported at the residence of Nicole Brown Simpson the ex-wife of the then beloved Orenthal James (OJ) Simpson. It was discovered that Nicole Brown Simpson and Ronald Goldman had been brutally murdered and the Los Angeles Police Department (LAPD) began their investigation, this being the second step in our criminal justice system.
A study of race and jury trials in Florida published last year in the Quarterly Journal of Economics, found that “conviction rates for black and white defendants are similar when there is at least some representation of blacks in the jury pool.” But all-white juries are a very different story—they convict blacks 16% more often than they convict whites (2).
The trial of O.J Simpson, an infamous case that had america glued to their Tv’s. Tensions were high as 11 months passed as the verdict was nearing. The case goes as following, O.J was accused of the murder of his ex wife Nicole Simpson and Ronald Goldman. On June 13, 1994 Nicole Brown and Ronald Goldman were found dead around midnight near the entryway of Nicole’s apartment complex. The crime was heinous for the times and took America by storm. With O.J being a famous main suspect, the media wanted to give as much insight about the trial to the people watching at home and the first amendment gives them that right to gather intel. At first the media was not allowed to share what was happening in the trial. But later on, judge Ito later gave the media permission to cover the trial as long as the media does not disclose the insight of the grand jury. To coincide with this, the media wanted access to the preliminary hearings. Several news organizations requested access to photographs of the crime and transcripts of conferences held in the judge’s office. A lot of this information was sensitive material that was still being decided upon whether to reveal to the jury, but the media still wanted to have
The jury plays a crucial role in the courts of trial. They are an integral part in the Australian justice system. The jury system brings ordinary people into the courts everyday to judge whether a case is guilty or innocent. The role of the jury varies, depending on the different cases. In Australia, the court is ran by an adversary system. In this system “..individual litigants play a central part, initiating court action and largely determining the issues in dispute” (Ellis 2013, p. 133). In this essay I will be discussing the role of the jury system and how some believe the jury is one of the most important institutions in ensuring that Australia has an effective legal system, while others disagree. I will evaluate the advantages and disadvantages of a jury system.
The criminal trial process is able to reflect the moral and ethical standards of society to a great extent. For the law to be effective, the criminal trial process must reflect what is accepted by society to be a breach of moral and ethical conduct and the extent to which protections are granted to the victims, the offenders and the community. For these reasons, the criminal trial process is effectively able to achieve this in the areas of the adversary system, the system of appeals, legal aid and the jury system.
The book Acquittal by Richard Gabriel states, “juries are the best judges in the system. They are not elected, they don't have the high-powered microscope of appellate review or the stern, disapproving-schoolmarm precedent looking over their shoulder, and they have no interest in the outcome of the case.” For this reason, we can come to the conclusion that the use of juries in a trial is the best for all involved in the legal system. While juries, “are the best judges in the system”, lawyers, jury consultants, and jury scientists are the reasons they are viewed this way. It is their job to make sure that not only their client, but everyone has a fair and unbiased trial.Making sure that “the best judges in the system” are fair and unbiased takes a lot of planning, research, and effort. You must research the jurors, understand how they think, what their morals are, and how they would view this case. “It is a constructed reality, cobbled together by shifting memories of witnesses, attorney arguments, legal instructions, personal experiences, and beliefs of jurors.”(Gabriel
The book “12 Angry Men” by Reginald Rose is a book about twelve jurors who are trying to come to a unanimous decision about their case. One man stands alone while the others vote guilty without giving it a second thought. Throughout the book this man, the eighth juror, tries to provide a fair trial to the defendant by reviewing all the evidence. After reassessing all the evidence presented, it becomes clear that most of the men were swayed by each of their own personal experiences and prejudices. Not only was it a factor in their final decisions but it was the most influential variable when the arbitration for the defendant was finally decided.
Fairchild, H. & Cowan, G (1997). Journal of Social Issues. The O.J. Simpson Trial: Challenges to Science and Society.