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Racial injustice in the judicial system
Racial injustice in the judicial system
Racial injustice in the judicial system
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When you think of the word “jury service”, most people think that it’s something unimportant. Something that should be optional and its violating our rights as a citizen. Jury service plays a huge role in the American system of justice. We are protecting our rights of not making injustice. Centuries before, African Americans and women weren’t allowed to vote. There was discrimination and inequality. Most people didn’t have the right to have an opinion about anything. Now we are all treated equal and our vote’s counts as a citizen regardless of your skin color or gender.
Jury service is extremely important to our democracy. It describes how connected we are as a society. Everybody is treated equal regardless of your race, class, culture, and religion. You’re known as a juror number and you will respond to the number you’re entailed to. There will be no labels of who you are outside the court. This sets equality to everyone; the twelve judges have the right to make their own decisions. They are entailed to the same argument, to the same witness and most importantly everyone gets an equal vote on the settlement.
You want to know what people outside the court have to say otherwise the court system would become corrupt. This is why our court system is one of the greatest in the world compared to other
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It is unjust because they didn’t have much evidence on Ronald but he was still found guilty. Jennifer picked him as her attacker in the photo line up and in the live line up. Afterwards, both of the ladies agreed that it was him on the second trail. When he was 16 years old he tried to rape a white girl as well. The only evidence they had at the trail was the flashlight, the white gloves and the rubber from his shoe. All the evidence pointed at him. The judges and everyone else was 100% positive that it was him, except for his family. His family knew that it was a huge misunderstanding but that someday there was going to be
The American Jury system has been around for quite some time. It was the original idea that the framers of the constitution had wanted to have implemented as a means of trying people for their illegal acts, or for civil disputes. The jury system has stood the test of time as being very effective and useful for the justice system. Now it has come into question as to if the jury system is still the best method for trials. In the justice system there are two forms of trials, one being the standard jury trial, where 12 random members of society come together to decide the outcome of something. The other option would be to have a bench trial. In a bench trial, the judge is the only one deciding the fate of the accused. While both methods are viable
There are hundreds of Americans who are selected for jury duty every day. Just like the characters many of them believe jury duty is a major conflict in their lives. They may say they do not have time to participate, which may be true, but the law will make sure you have time. As always, life and time keep going, and nobody wants to miss it. No one prefers to sit in court when they can be doing something productive but it is not going to kill them. Everyone deserves to have a jury hear them and surely they would want that for themselves.
Seymour Wishman was a former defense lawyer and prosecutor, and the author of "Anatomy of a Jury," the novel "Nothing Personal" and a memoir "Confessions of a Criminal Lawyer." "Anatomy of a Jury" is Seymour Wishman's third book about the criminal justice system and those who participate in it. He is a known writer and very highly respected "person of the law." Many believe that the purpose of this book is to put you in the shoes of not only the defendant but into the shoes of the prosecutor, the judge, the defense lawyer and above all the jury. He did not want to prove a point to anyone or set out a specific message. He simply wanted to show and explain to his readers how the jury system really works. Instead of writing a book solely on the facts on how a jury system works, Wishman decides to include a story so it is easier and more interesting for his readers to follow along with.
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.
Jury Bias With jury bias we examined that the perspective taking, victim impact statements and race of the victim had no main effects with ps > 0.26 and no significant interactions with ps > 0.64. Jury Race The race of the jury was divided into white and non-white participants. An ANOVA was then run with perspective taking, victim impact statements, and race of the victim as the between-participants factors to test against empathy felt for the defendant, for the victim, for the victim’s significant others. White participants. We observed that there was a main effect with the race of the jury and the empathy felt by the jury for the victim.
First, when individuals are appointed for a jury, several individuals will do anything to not be selected for the trial. For instance, my father has conveyed he was indisposed or he could not afford to miss work. Moreover, most individuals do not perceive being a juror as an honor being as a citizen, instead they see it as a burden. A substantial influence on this position is the remuneration, because individuals are missing work to serve. On average, an individual who is selected to be a juror makes about 30 to 40 dollars a day, a fraction of when he or she is working. For this
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.
They are the impartial third-party whose responsibility is to deliver a verdict for the accused based on the evidence presented during trial. They balance the rights of society to a great extent as members of the community are involved. This links the legal system with the community and ensures that the system is operating fairly and reflecting the standards and values of society. A trial by jury also ensures the victim’s rights to a fair trial. However, they do not balance the rights of the offender as they can be biased or not under. In the News.com.au article ‘Judge or jury? Your life depends on this decision’ (14 November 2013), Ian Lloyd, QC, revealed that “juries are swayed by many different factors.” These factors include race, ethnicity, physical appearance and religious beliefs. A recent study also found that juries are influenced by where the accused sits in the courtroom. They found that a jury is most likely to give a “guilty” verdict if the accused sits behind a glass dock (ABC News, 5 November 2014). Juries also tend to be influenced by their emotions; hence preventing them from having an objective view. According to the Sydney Morning Herald article ‘Court verdicts: More found innocent if no jury involved’ (23 November 2013), 55.4 per cent of defendants in judge-alone trials were acquitted of all charges compared with 29 per cent in jury trials between 1993 and 2011. Professor Mark Findlay from the University of Sydney said that this is because “judges were less likely to be guided by their emotions.” Juries balance the rights of victims and society to a great extent. However, they are ineffective in balancing the rights of the offender as juries can be biased which violate the offender’s rights to have a fair
Juror #3 is very biased against the 19-year-old boy that is being tried, and this affects all of his thoughts and actions regarding the case. He has this bias because his own son hit him in the jaw and ran away from home at the age of 15: “I’ve got a kid…when he was fifteen he hit me in the face…I haven’t seen him in three years. Rotten kid! I hate tough kids! You work your heart out [but it’s no use] (21).”According to this quote from the text, this juror condemns all teenagers and feels resentment towards them. He especially feels strongly about the boy being tried, because the boy grew up in the slums, and this juror is also biased against these people who grew up there. It is because of these feelings that he is strongly cemented in his vote of guilty.
A jury system inquires fairness in a court case. A jury is “A group of citizens called to hear a trial of a criminal prosecution of a lawsuit, decide the factual questions of guilt or innocence or determine the prevailing party (winner) in a lawsuit and the amount to be paid, if any, by the loser” (Law.com Legal Dictionary 2014). As a jury member they are obligated to tell the truth and give an honest response. The jury system randomly selects 12 people for each court case. Once you are 18 years old and registered you can be selected for jury service. There are two categories of people who cannot serve and that is people who are excluded from the jury roll and who are exempt from jury service (NSW Government 2014). Those who are excluded are people with criminal convictions and who hold high positions in public office. Those exempted are due to their employment (NSW Government 2014). As a jury member you are expected to dress appropriately, be honest, and give fu...
A jury is a panel of citizens, selected randomly from the electoral role, whose job it is to determine guilt or innocence based on the evidence presented. The Jury Act 1977 (NSW) stipulates the purpose of juries and some of the legal aspects, such as verdicts and the right of the defence and prosecution to challenge jurors. The jury system is able to reflect the moral and ethical standards of society as members of the community ultimately decide whether the person is guilty or innocent. The creation of the Jury Amendment Act 2006 (NSW) enabled the criminal trial process to better represent the standards of society as it allowed majority verdicts of 11-1 or 10-2, which also allowed the courts to be more resource efficient. Majority verdicts still ensure that a just outcome is reached as they are only used if there is a hung jury and there has been considerable deliberation. However, the role of the media is often criticized in relation to ensuring that the jurors remain unbiased as highlighted in the media article “Independent Juries” (SMH, 2001), and the wide reporting of R v Gittany 2013 supports the arguments raised in the media article. Hence, the jury system is moderately effective in reflecting the moral and ethical standards of society, as it resource efficient and achieves just outcomes, but the influence of the media reduces the effectiveness.
The right to a trial by jury is one of the most fundamental concepts on which the American justice system rests. It had been in the English common law practice for several centuries and the American founders deemed in necessary to continue the practice and draft it into the United States Constitution. Prior to the Sixth Amendment, the Constitution guaranteed trial by jury for all crimes except impeachment. In 1968 the Supreme Court solidified this right in Duncan v. Louisiana stating that juries are a necessary check to g...
It was a mistaken identity case where the distressed raped women picked out the wrong black man. Even though the conviction was overturned due to DNA evidence, a mistaken eyewitness testimony led to a wrongful conviction that the Burlington Police upheld without question due to prejudice feelings toward determine Ronald Cotton (Thompson-Cannino, Cotton and Torneo 283). Ronald had his whole family testify that he had been home the night Jennifer was raped however because he had mixed up his dates when he originally confessed that police assumed he was lying despite what he and his family said. The other indication of racism on the police force was when the second rape victim did not pick Ronald Cotton out of the physical lineup; she claimed she was terrified of the black men standing in front of her and just needed to leave, even though she knew it saw Ronald that had raped her (Thompson-Cannino, Cotton and Torneo 129). Ronald was believed to be guilty and was trying to prove his innocence from the beginning. This simply cannot occur in a justice system where one is supposed to be innocent until proven guilty; racism played a part in convicting this innocent man. Even during the second court case when he was trying to prove his innocence he remembered feeling the jury turn and look at him, "every single one of their white faces" believed how terrible of a man he was (Thompson-Cannino, Cotton and Torneo
Representation is an extremely important and key principal concept guiding jury selection. The notion that the jury should represent the community is the basis from which the jury and the criminal justice system derives its legitimacy (Law Reform Commission of Western Australia, 2010). The aim of selecting a jury which represents the whole community is to involve different backgrounds, knowledge, different perspectives and personal experiences in the jury process. By having different backgrounds prejudices and biases can be prevented. In order to achieve the goal of having a jury which is representative of the whole community, it is vital that all ethnic and social groups within the community should have the right and opportunity to be represented on juries (Law Reform Commission of Western Australia, 2010). As every other citizen, Aboriginal people also share an interest in being able to represent the community through jury service. However, in Australia, ethnic minorities, in this case Aboriginal people, do not share the same rights as other minorities to be tried by juries consisting of members of their ethnic group. The Australian Law Reform Commission stated “The jury ... are white, never Aboriginal, and, with the best will in the world, they find it difficult to act fairly in cases in which
Pros of a jury system are that it allows a fair trial because jurors are randomly picked and come from many ways of life therefore each person can look at the situation in a different way. However, this can also be viewed as a con because if they all have the wrong preconception the jurors could possibly wrongly accuse the accused. This is shown in the movie as 11/12 jurors were about to send the kid to be executed without even discussing it. Another