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Supreme Court's role in civil liberties
Examples of unjust laws in the us causing racial discrimination
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Whenever I hear about discrimination, prejudice or stereotypes, as they relate to race, ethnicity and you name it, my system aches. Being inhumane and lack respect for your fellow brothers or sisters regardless of color, speaks volume and causes unsettling issues in our society today. In this assignment, my mission is to share an historic event that took place in Martinsville, VA back in 1949. This case includes rape and a racially motivated justice system, that leads to racial discrimination; ultimately, led to the execution of seven. This case garnered international recognition and eventually left an indelible scar on the world. With numerous evidence of racial discrimination, I have put together a compelling argument which establishes the …show more content…
Supreme Court; people from both races gathered and prayed at the state Capitol, many marched on Washington, the office of the governor was “flooded with thousands of telegrams, including one from Moscow, asking that the men not be executed,” and everyone became desperate as the execution was underway, seeking to overturn or delay the ruling. Although attorney “Martin filed a writ of habeas corpus” shortly after the rejection of clemency by incoming Gov. Battle’s, Martin argued that “the seven were denied equal protection under the law guaranteed by the 14th Amendment.” (Rise, ) But Judge Whittle along with President Truman continue to ignore pleas from the lawyers, Civil Rights Congress and the NAACP. Can you imagine, “Virginia’s court system repeatedly rejected the NAACP’s arguments while the US Supreme Court rejected the case twice without review?” (Rise, ) That is disgraceful, distasteful, merciless and such hate for humanity. Were the accusers threatened to make a confession and signed statements without their attorney? Quiet possible but won’t speculate. At such young age, the lives of seven men including half brothers Frank and Howard Hairston, John Taylor, Joe Hampton, Booker Millner, also not related to the Hairston brothers, James Hairston and lastly, Francis DeSales Grayson, the 37 years old World War II veteran, were suddenly snatched away via electrocution. With support from an …show more content…
If they truly committed a crime, they must do the time, but death should not be the penalty for rape; furthermore, if the rule stands, it should be impartial and required to be color blind. Clearly, the negative and hateful practices against blacks as they were being murdered, due to racial discrimination and prejudicial injustice, further highlights institutional practices. With the rejections of the U.S. Supreme Court and Martinsville Circuit Court judge’s refusal to have mercy and deliver a fair trial; ultimately, demonstrates a systematic process set forth to crush blacks. Selecting prospective black jurors as a sign of balance diversity in an effort to appease blacks, was a sure sign that tokenism was on display; however, their decision to use 72 all-white male jurors throughout the six trials, prove otherwise. Hostility against the black society in Martinsville, VA exposes a Jim Crow South in full effect, and although it has reduced compared to the 1940s, it still exists; however, today it is more convert and subtle. While no one will deny Floyd’s rape; on the other hand, none should feel good about the hateful discrimination against these young black men, who had no opportunity of a fair trial and all request for one was ignored or rejected. Local and international support for these men, were immensely immeasurable; nevertheless, they fail to convince the evil minds of a whites only institution. It took
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”.
While segregation of the races between Blacks and Whites, de facto race discrimination, had been widespread across the United States by the 1930s, nine African-American Scottsboro Boys whose names are Ozzie Powell, Eugene Williams, Charlie Weems, Willie Robeson, Olen Montgomery, Roy and Andy Wright, Clarence Norris and Heywood Paterson were accused of raping two young white women named Victoria Price and Ruby Bates in Alabama in 1931. Along with the dominant influences of the Scottsboro cases on American civil rights history, the landmark case has substantial impacts on the U.S. Constitution primarily in that U.S. Supreme Court ascertained a defendant’s right to effective counsel.
The hypocrisy and double standard that allowed whites to bring harm to blacks without fear of any repercussions had existed for years before the murder Tyson wrote about occurred in May of 1970 (Tyson 2004, 1). Lynching of black men was common place in the south as Billie Holiday sang her song “Strange Fruit” and the eyes of justice looked the other way. On the other side of the coin, justice was brought swiftly to those blacks who stepped out of line and brought harm to the white race. Take for instance Nate Turner, the slave who led a rebellion against whites. Even the Teel’s brought their own form of justice to Henry Marrow because he “said something” to one of their white wives (1).
Currently in the United States of America, there is a wave a patriotism sweeping across this great land: a feeling of pride in being an American and in being able to call this nation home. The United States is the land of the free and the home of the brave; however, for the African-American citizens of the United States, from the inception of this country to midway through the twentieth century, there was no such thing as freedom, especially in the Deep South. Nowhere is that more evident than in Stories of Scottsboro, an account of the Scottsboro trials of 1931-1937, where nine African-American teenage boys were falsely accused of raping two white girls in Scottsboro, Alabama and no matter how much proof was brought forth proving there innocence, they were always guilty. This was a period of racism and bigotry in our country that is deeply and vividly portrayed though different points of view through author James E. Goodman.
On August 28, 1955, fourteen year old Emmett Till was beaten, tortured and shot. Then with barbed wire wrapped around his neck and tied to a large fan, his body was discarded into the Tallahatchi River. What was young Emmett’s offense that brought on this heinous reaction of two grown white men? When he went into a store to buy some bubblegum he allegedly whistled at a white female store clerk, who happened to be the store owner’s wife. That is the story of the end of Emmett Till’s life. Lynchings, beatings and cross-burning had been happening in the United States for years. But it was not until this young boy suffered an appalling murder in Mississippi that the eyes of a nation were irrevocably opened to the ongoing horrors of racism in the South. It sparked the beginning of a flourish of both national and international media coverage of the Civil Rights violations in America.
Just Mercy’s Bryan Stevenson exposes some of these disparities woven around his presentation of the Walter McMillian case, and the overrepresentation of African-American men in our criminal justice system. His accounts of actors in the criminal justice system such as Judge Robert E. Lee and the D.A. Tom Chapman who refused to open up the case or provide support regardless of the overwhelmingly amount of inconsistencies found in the case. The fact that there were instances where policemen paid people off to testify falsely against McMillian others on death row significantly supports this perpetuation of racism. For many of the people of color featured in Stevenson’s book, the justice system was unfair to them wrongfully or excessively punishing them for crimes both violent and nonviolent compared to their white counterparts. Racism towards those of color has caused a “lack of concern and responsiveness by police, prosecutors, and victims’ services providers” and ultimately leads to the mass incarceration of this population (Stevenson, 2014, p. 141). Moreover the lack of diversity within the jury system and those in power plays into the already existing racism. African-American men are quickly becoming disenfranchised in our country through such racist biases leading to over 1/3 of this population “missing” from the overall American population because they are within the criminal justice
Racial discrimination has been an immense problem in our society for a very long time. The fact that the race of a victim plays a role in his or her sentencing is appalling. Discrimination within our society needs to come to an end. It’s frightening to think that if you are a minority facing a capital punishment case, which you might be found guilty only because of the color of your skin.
“The New Jim Crow” is an article by Michelle Alexander, published by the Ohio State Journal of Criminal Law. Michelle is a professor at the Ohio State Moritz college of criminal law as well as a civil rights advocate. Ohio State University’s Moritz College of Law is part of the world’s top education system, is accredited by the American Bar Association, and is a long-time member of the American Law association. The goal of “The New Jim Crow” is to inform the public about the issues of race in our country, especially our legal system. The article is written in plain English, so the common person can fully understand it, but it also remains very professional. Throughout the article, Alexander provides factual information about racial issues in our country. She relates them back to the Jim Crow era and explains how the large social problem affects individual lives of people of color all over the country. By doing this, Alexander appeals to the reader’s ethos, logos, and pathos, forming a persuasive essay that shifts the understanding and opinions of all readers.
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).
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.
“Simple Justice” was written by Richard Kluger and reviews the history of Brown v. Board of Education, the Supreme Court decision that outlawed segregation, and African America’s century-long struggle for equality under law. It began with the inequities of slavery to freedom bells to the forcing of integration in schools and the roots of laws with affect on African Americans. This story reveals the hate caused the disparagement of African Americans in America over three hundred years. I learned how African Americans were ultimately acknowledged by their simple justice. The American version of the holocaust was presented in the story. In 1954 the different between how segregation and slavery were not in fashion when compared with dishonesty of how educating African American are separate from Caucasian was justified by the various branches of government.
The Strange Career of Jim Crow, by C. Van Woodward, traces the history of race relations in the United States from the mid and late nineteenth century through the twentieth century. In doing so Woodward brings to light significant aspects of Reconstruction that remain unknown to many today. He argues that the races were not as separate many people believe until the Jim Crow laws. To set up such an argument, Woodward first outlines the relationship between Southern and Northern whites, and African Americans during the nineteenth century. He then breaks down the details of the injustice brought about by the Jim Crow laws, and outlines the transformation in American society from discrimination to Civil Rights. Woodward’s argument is very persuasive because he uses specific evidence to support his opinions and to connect his ideas. Considering the time period in which the book and its editions were written, it should be praised for its insight into and analysis of the most important social issue in American history.
Race plays a large factor in showing how you are viewed in society. Although there is no longer slavery and separate water fountains, we can still see areas of our daily life clearly affected by race. One of these areas is the criminal justice system and that is because the color of your skin can easily yet unfairly determine if you receive the death penalty. The controversial evidence showing that race is a large contributing factor in death penalty cases shows that there needs to be a change in the system and action taken against these biases. The issue is wide spread throughout the United States and can be proven with statistics. There is a higher probability that a black on white crime will result in a death penalty verdict than black on black or white on black. Race will ultimately define the final ruling of the sentence which is evident in the racial disparities of the death penalty. The amount of blacks on death row can easily be seen considering the majority of the prison population is black or blacks that committed the same crime as a white person but got a harsher sentence. The biases and prejudices that are in our society relating to race come to light when a jury is selected to determine a death sentence. So what is the relationship between race and the death penalty? This paper is set out to prove findings of different race related sentences and why blacks are sentenced to death more for a black on white crime. Looking at the racial divide we once had in early American history and statistics from sources and data regarding the number of blacks on death row/executed, we can expose the issues with this racial dilemma.
The 32nd President, Franklin Delano Roosevelt, once said, “Human kindness has never weakened the stamina or softened the fiber of a free people. A nation does not have to be cruel to be tough.” This has stood true for thousands of years. Though humans have not always been the most kind and accepting creatures. Humans have discriminated against those different than themselves and their perception of normal countless times. The antipathy people of color and women were regarded with before the huge Civil Rights Movement that began in 1955 is a problem still being avidly discussed currently. This research paper will discuss the changes that occurred between 1935 and 1985 that affected the jury selection in Harper Lee’s To Kill a Mockingbird, which takes place in the 1930’s and John Grisham’s A Time to Kill, which takes place in the 1980’s.
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...