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A solution to the lack of diversity in the judicial system
Diversity issue in the criminal justice system
A solution to the lack of diversity in the judicial system
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Procedural History In a Georgia Court, Timothy Foster was convicted of capital murder and penalized to death. During his trial, the State Court use peremptory challenges to strike all four black prospective jurors qualified to serve on the Jury. However, Foster argued that the use of these strikes was racially motivated, in violation of Batson v. Kentucky, 476 U. S.79. That led his claim to be rejected by the trial court, and the Georgia Supreme Court affirmed. The state courts rejected relief, and the Foster’s Batson claim had been adjudicated on direct appeal. Finally, his Batson claim had been failed by the court because it failed to show “any change in the facts sufficient to overcome”. Essential Facts of the Case The Foster v. Chatman case is about Timothy Foster, who is a deprived, mentally disabled, black adolescent accused of killing a white female. The major concern is his trial which included only white juries after the exclusion of the potential black jurors from jury service in his trial. The prosecution afterward ruled that Foster should be given a death sentence to prevent other individuals from similar projects. During the time, almost all the people in the projects were of the black race, including Timothy’s family. The jury ruled a death sentence to Foster. …show more content…
The Foster case presents the query of whether Timothy was convicted and sentenced to death in infringement of the U.S. Constitution pledge of equal defense of the laws. Besides, it demonstrates an imperative matter concerning the involvement of black people as jurors. It also proves that court must consider in settling on whether prosecutors involved used their strikes in an ethnically unfair way. Timothy Foster contends that there is broad and undeniable proof that prosecutors practiced ethnic discrimination intentionally in ensuring an all-white panel of judges in his case. At the court, the prosecutor managed to dismiss all the potential black judges who were in the panel from which the jury was chosen. When Timothy asked about those strikes, the court presented a number of general ethnic-neutral reasons as rationalization for the strikes, which were approved. After two decades, Timothy got the prosecution’s judges lists and details of the judges’ selection via the Georgia’s Records Act. The details differed from the initial reasons given for eliminating the black jurors and provided thorough proof that the court eliminated the jurors based on their ethnicity. Nevertheless, the Georgia courts declined to consider this proof, stating that Timothy had already claimed about the discrimination on his initial appeal. Issue Before The Court Was there any race-based discrimination in the jury selection process of Foster’s trial? Holding of the Court Yes, Foster claimed that the prosecutor’s notes clearly showed that the black jurors were excluded due to their race.
The details disclosed that the prosecution highlighted the names of the potential black judges and tinted every black potential juror’s name in a different color. There were four different duplicates of the record of all of the individuals summoned for the task in the case. Evert record had a key, which indicated that the highlighted names represented the blacks. Besides, there were no any blotches made for the white jurors on the lists. There were also many marks made on the black people’s names on the juror questionnaires, and there was no any other race that was
marked. The ethnic-coded lists were dispersed all over the district attorney's office, revealing a culture and making an obvious racial distinction. They positioned the three potential black jurors in three numbers in case they had to select a black juror. They also formed strike lists which prioritized beating the potential black jurors over the others. The prosecutor’s ethnic-coded records and notes were not accessible to the judge who dismissed the claim of unfairness at Timothy’s trial and the Georgia highest Court, which maintained the death sentence on appeal. Opinion Of The Court (4) Dissenting Opinion (2) Commentary and Discussion The prosecutors argued that they did not eliminate the black jurors because of their background. They gave almost twelve rationales for every strike of a black judge and added even more justifications after trial, underrating their credibility in the procedure. The complete number of the rationales offered underrates the legitimacy of every personal reason. Besides, some of the rationales were false, some were disagreeing with by the prosecutors’ list, and others applied similarly to white potential judges that the prosecution approved. According to Foster, the prosecutors stated that they should eliminate one black woman as she was a social employee, but she was not one. They also mentioned that they eliminated another black woman because she was young, but they accepted white potential jurors that were almost the same age. Furthermore, they asserted that they eliminated a Christian black member as the church was is usually against the death penalty. However, the prosecution’s details revealed that the church did not counter the death sentence and left the matter to every member. The black Christian whom they eliminated repeatedly mentioned when answering queries in the jury selection procedure that he did not counter the death sentence and could rule it. Furthermore, the prosecutors asserted that they eliminated a potential black juror since Timothy's attorneys had not asked him regarding social institutions. However, according to Foster, the attorneys did not inquire for any jurors regarding their memberships in communal organizations. The involved juror had previously mentioned that he did not belong to any of the communal organizations. The main issue concerning the Foster’s case is his trial as it consisted of white juries only, while all potential black juries were eliminated from jury service in his trial. In fact, the case makes one wonder whether the decision of the court to sentence Timothy to death did not violate the U.S. Constitution’s pledge of equal defense of all people regardless of their social, racial, or cultural background. Besides, it presents an imperative matter concerning the involvement of black people as jurors. After going through the Georgia’s records, Foster noted that the prosecutor’s notes were clearly showing that the black jurors were excluded due to their race. All the reasons he states reveal clearly that the case was racially biased. I believe that Foster’s case was against the American Constitution that guarantees the citizens equal protection of rights.
City of Pinellas Park v. Brown was a case brought to the District Court of Appeal of Florida, Second District by the plaintiff Brown. In this case, the Brown family sued the City of Pinellas Sheriff Department on the grounds of negligence that resulted in the tragic death of two Brown sisters during a police pursuit of a fleeing traffic violator Mr. Deady. The facts in this case are straight forward, and I shall brief them as logical as possible.
The Sixth Amendment states that the accused shall enjoy the right to a speedy and public trial, by an impartial jury. However, Dexter was in jail for 25 years since 1982, and the appeal was still in process to the Supreme Court. Also, based on the jury selection on exhibit B, document one, there were only white people in the final jury, and African Americans were struck peremptory by prosecution. Dexter did not have an impartial jury because white people may favor his opposed side due to the different race. According to Batson v. Kentucky, the USSC also determined that peremptory challenges used to exclude jurors on the basis of race could be challenged by the defendant. It was not fair for Dexter to not have the same race people as him in the jury. In addition, the Sixth Amendment also says that both federal and state courts must provide a lawyer if the accused cannot afford to hire one. Even though Dexter did have an attorney, his attorney was not organized and prepared. The adequate attorney was not as guaranteed by the Sixth Amendment because he admitted that “he has not been to the crime scene, or viewed the crime scene photographs…has not viewed the prosecution’s witness list.” He had not done anything that could help defend Dexter. He didn't even call witnesses in the court to help Dexter. Strickland v. Washington also supports this because the court upheld the defendant’s conviction that his rights had been violated when his lawyer did not provide enough evidence to avoid the death
The court system includes the judges, jury, prosecutors and defense attorneys. The Attorneys convince the suspects to take plea bargains, the judges are sometimes unfair in the decisions they make, and the prosecutors overlook exculpatory evidence. Picking cotton shows in detail some common errors of the court system. During Ronald Cotton 's first trial, His Attorney, Phil Moseley, tried to bring a memory expert to testify on the unreliability of memory but the judge denied his request. After Ronald 's case was overturned by the supreme court, he got a new trial in another court which had even more problems and bias. First, there was racial prejudice during the jury selection. “Four black people from the community got called in for jury duty. The judge himself dismissed one of them and then Mr turner made sure none of the rest sat on my jury” Ronald cotton stated. Because he was black, the four jurors were dismissed and he was left with an all white jury and two white Alternates. Second, the judge “Held something called a “voir dire” hearing, which Phil explained meant he would have to put up all the evidence about Poole in front of the Judge, but not the Jury”(129). Also, Ronald Cotton 's defense attorney explained to the judge the parallelism between Bobby Poole 's case and the rape Ronald Cotton was charged with. Despite the weak physical evidence against Ronald Cotton, the
Robinson trial; (2) prejustice and its effects on the processes of the law and society; (3)
Juror #10, a garage owner, segregates and divides the world stereotypically into ‘us’ and ‘them.’ ‘Us’ being people living around the rich or middle-class areas, and ‘them’ being people of a different race, or possessing a contrasting skin color, born and raised in the slums (poorer parts of town). It is because of this that he has a bias against the young man on trial, for the young man was born in the slums and was victim to domestic violence since the age of 5. Also, the boy is of a Hispanic descent and is of a different race than this juror, making him fall under the juror’s discriminatory description of a criminal. This is proven on when juror #10 rants: “They don’t need any real big reason to kill someone, either. You know, they get drunk, and bang, someone’s lying in the gutter… most of them, it’s like they have no feelings (59).
In a 7-2 decision, the Supreme Court ruled in favor of Batson. The Court held that the Fourteenth Amendment forbids the prosecutor from challenging potential jurors solely on account of their race or on the assumption that black jurors as a group will be unable to consider the state’s case ag...
After his clients were found guilty of rape and sentenced to the death penalty for a third time, Sam Leibovitz noticed a disturbing trend in the courtroom. Out of the multitude of jurors used in each hearing, none of them were black. Every single one was a white southerner, and Leibovitz felt as though the jury was rigged in favor of the prosecution. This was exceedingly common in the South at this time, as many states excluded people of color from sitting on a jury. In Norris versus Alabama, Leibovitz voiced his concerns to the United States Supreme Court. This landmark case was unorthodox, as Leibovitz had the jury rolls from the cases brought up all the way from Alabama to be read by the justices. The preponderance of the names on the lists were those of whites, but there were a few names belonging to blacks at the bottom of some of the pages. These were all hastily scrawled, as if they were added recently. Leibovitz argued that they were written there merely to show that Alabama did not intentionally influence the jury against the boys, when they actually did. The Supreme Court voted for Leibovitz, and ruled that all people, no matter their skin color, should be able to vote on a jury. This verdict would be instrumental for later race-based proceedings in the future. During the Civil Rights Movement in the 1960s, many crucial cases were won because of empathetic, equal
Both trials were perfect examples of how the people of Alabama were above the law and could do whatever they wanted to the black people and get away with it. In both trials, lynch mobs were formed to threaten the black people who were accused. Judge Hornton tried many times to move the case to a different place so that a fair trial could take place and not be interrupted by the racist people. Finally, he was granted to move the case even though the lynch mobs threatened to kill everyone who was involved in the case if it were to be moved. In this essay, the bias and racism in both trials are going to be clarified and compared to each other.
The issue of this case is whether or not their due process rights were violated by the denial of the right to counsel and equal protection under the Fourteenth Amendment (Powell v. Alabama, 1932 & Zalman, On April 6th, six days after the incident, the trial began. When the judge asked the parties if they were ready for trial, the state answered in the affirmative and no one answered for the defendants. Mr. Roddy, a lawyer from Tennessee addressed the court by indicating he was not employed by the defendants but was there on behalf of interested parties of the defendants. There was a discussion between the judge, Mr. Roddy, and other members of the Alabama bar association in open court. At the end of the exchange, there was no clear representation for the defendants, the judge stated he would not appoint counsel for the defendants and when the trail started, no lawyer was named or designated as on record for the defendants.
Turner, Billy. 1986. “Race and Peremptory Challenges During Voir Dire: Do Prosecution and Defense Agree?” Journal of Criminal Justice 14: 61-69.
Stevenson, Bryan A. Illegal Racial Discrimination in Jury Selection. Rep. Montgomery, Alabama: Equal Justice Initiative, 2010. Print.
A white man is charged for severely beating a sixteen-year-old black teen he found trespassing on his property. Evidence strongly shows the white man did beat the teen but the jury refuses to find the defendant guilty based on their belief that black teen “had it coming” and that “black teens trespassing are most likely up to no good.” The man is set free.
The American legal system was put into place by the Judiciary Act of 1789. This act was established with the intent of creating structure and jurisdiction within the local and federal court systems (Bagwell). However, some of the lower courts were found to be vulnerable to prejudice. Such forms of prejudice were evident in Tom Robinson’s court case from To Kill a Mockingbird. Tom Robinson’s case exemplified injustice within the lower court, where an all-white jury decided the verdict. If there was an all-black jury present, there might have been a different verdict, but whites would still have established their own form of vigilante justice.
For instance, the 1972 Furman V. Georgia case abolished the death penalty for four years on the grounds that capital punishment was extensive with racial inequalities (Latzer 21). Over twenty five years later, those inequalities are higher than ever. The statistics says that African Americans are twelve percent of the U.S. population, but are 43 percent of the prisoners on death row. Although blacks make up 50 percent of all murder victims, 83 percent of the victims in death penalty cases are white. Since 1976 only ten executions involved a white defendant who had killed a bl...
I think the court was biased in this case and one of the examples that impressed me and brought me to this opinion was the note by one of the lawyers that was later seen by Mr. Foster. In the note he numbered each black juror (B#1, B#2, B#3, and so