...empanelled an all-female jury and found petitioner to be the father of the child in question and ordered him to pay child support. The Alabama Court of Civil Appeals affirmed. In the Language of the Court The U.S. Supreme Court held that the Equal Protection Clause of the Fourteenth Amendment prohibits peremptory strikes based solely on race, and it extends to forbid gender-based peremptory challenges. A peremptory challenge must not be solely based on the juror characteristic of gender. If gender does not serve as a proxy for bias, unacceptable jurors may be removed, including those members of a group or class. Previously, the Court held that Equal Protection Clause of the Fourteenth Amendment governed the exercise of peremptory challenges by a prosecutor in a criminal trial. A defendant has no right to a jury composed of people of his or her own race, but a defendant does have the right to be tried by a jury whose members are selected based on nondiscriminatory criteria. The U.S. Supreme Court has repeatedly issued opinions that reaffirm its commitment to jury selection procedures that are fair and nondiscriminatory. Whether the trial is civil or criminal, potential jurors and litigants have an equal protection right to jury selection procedures that are free from state-sponsored group stereotypes rooted in and defined by historical prejudice. Intentional discrimination on the basis of gender by state actors in the use of peremptory strikes in jury selection violates the...
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...POST-TRIAL BRIEF IN SUPPORT OF THE DEFENDANT’S MOTION FOR NEW TRIAL _________________________ TABLE OF AUTHORITIES Statutes U.S. Const. amend. XIV………………………………………………………………5 LSA-C.Cr.P. Art. 797………………………………………………………………..10 Cases Batson v. Kentucky, 106 S. Ct. 1712 (1986)…………………………………………10 State v. Jones, 09-0751, (La. App. 1 Cir. 10/23/09) (unpublished)…………………..6 State v. Prejean, 09-0878, (La. App. 1 Cir. 10/27/09) (unpublished)………………..8 Books The American Heritage Dictionary of the English Language, 101 (Fourth ed., Houghton Mifflen Co. 2009)………………………………………………………....7 Periodicals 23 S.C.Jur. Jury § 30 (2010)………………………………………………………….7 Other David Schepp, BBC, Gold Teeth Are a Gold Mine, http://news.bbc.co.uk/2/hi/business/1471097.stm (posted August 3, 2001, 4:51 p.m. GMT)…………………………………………………………………………………7 Ghetto. Merriam-Webster Online Dictionary. http://www.merriam-webster.com/dictionary/ghetto (accessed April 18, 2010)...........................................7 Nigger. Merriam-Webster Online Dictionary. http://www.merriam-webster.com/dictionary/nigger (accessed April 18, 2010)...........................................6 STATEMENT OF FACTS In today’s America most people believe we have evolved to see past race. They claim the hateful rhetoric and antiquated prejudices that plagued previous generations is gone. Some...
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...intelligence, communication skills, etc. A change agent must have the capacity to overcome unmistakable difficulties that arise from working with energetic and self-motivated organizations. The proper evaluation of the method of interaction and communication plays a very important role in their intercession. They need to create connections that permit them to network and impact the diverse levels of individual society. Besides, the comprehension of the impact of society in the residential and worldwide companies permits change agents to choose procedures adequately that can influence people and firms to make the required amendments. They should ceaselessly upgrade their political and monetary wellsprings of data. These two components can impact the usage and result of the job performed by an agent especially in firms with strict controls. Also, they must have the capacity to recognize and comprehend the local perceptions of leaders in diverse settings which is of utmost importance for their prosperity as promoters of change. A change agent must also be open to learning, appreciating, adjusting to the diverse authoritative models with specific end goals and encourage the execution of new methodologies. I believe change agents should be good at detecting problems and possess good analytical skills. They should have the capability of recognizing what the problem is and then providing solutions. All successful change agents must possess good...
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...one gunshot wound on Mr. Dawkin’s below his right ear on the back of his head.” Also, he stated, “I noticed stippling on the entry wound and unburned gunpowder, which validates that the shot was taken from six to eighteen inches away.” After the statement Dr. Gill made, the family of Torrance Dawkin who sat on the other side of the public seating, stormed out of the court, hysterically crying. This left an eerie feeling to me, from seeing the victim’s family breakdown in the middle of the court session, to hear that their family member is dead. The court proceeding continued as the family left the court. For Dr. Gill, his demeanor was very composed and elaborative and clear with how he performed the autopsy. He made great eye contact to the jury, and I learned a lot from what he talked about especially the term “stippling,” which meant a surface with numerous small dots and specks. The prosecutor seemed to be poised and very confident during his examination towards Dr. Gill. The...
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...Manuel Paniagua Correa 12 Angry Men The communication process depicted on the movie was certainly effective. The 12 jurors’ decision involved the life of a young man. Even when the communication barriers sometimes froze the process of communication, the persistence of one of the jurors, juror 8, was key in keeping the men involved in the decision process. Juror 8 was unlike the other jurors, he had the ability to keep the men engaged in the discussion that lead to the conclusion of the movie. Even though it was not easy, the main objective of providing a fair and unanimous decision was accomplished at the end of the film. During the jury decision process, communication barriers were present. All of the members that were involved in the jury had different backgrounds and culture. Many of the juries expressed anger, frustration and stubbornness regarding their respective positions. These jurors frequently interrupted one another and proved to be very disrespectful within the group. Communication barriers where present when they did not pay attention to each other. These barriers were evident when the jurors were centered only on their personal opinions and not willing to listen to their peers. Formal communication started when juror number 8 stated his disagreement and concern for the boy’s future. When juror #8 started expressing he’s uncertainty with the boy being guilty, he encouraged the other jurors or team members to critically think before passing judgment...
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...1 Twelve Angry Men: An Analysis of Group Effectiveness The Infrareds Ruth Bradner, Penelope McFarline, Michelle McGregor, Jonathon West VCU ADLT 612 Dr. Terry Carter, Professor 2 Twelve Angry Men: An Analysis of Group Effectiveness Introduction Twelve men with diverse backgrounds are sequestered in a room and are unable to leave until a decision, a weighty one that will either condemn a young man to death or set him free, is made. The twelve strangers are bound to each other, trapped within the confines of four immovable walls, until the goal is achieved. They melt in the humidity of middle summer, which is exacerbated by the room's stuffiness and by the stress of their task. We, the audience, sweat as they grapple with each other and with the responsibility that is theirs to fulfill. One could spend a great deal of time debating if the jurors who comprised the cast of “Twelve Angry Men” (Lumet, 1957) were a group or a team. One could, and we will, cite definitions and descriptions from the literature to justify one conclusion or the other. The questions that are more interesting to us, and that constitute the thesis of this paper, are these: Were the jurors an effective group (or team)? And what factors contributed to group effectiveness? Schwarz (2002) has proposed a Group Effectiveness Model that provides facilitators who work with dysfunctional groups a road map, a way to identify where groups have gone wrong. Schwarz identifies three criteria for judging group success:...
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...the Courtroom: Ethnicity Based Jury Nullification Josi Barth CJA/344 November 18, 2014 Bernice Baver Unfair Practices in the Courtroom: Ethnicity Based Jury Nullification On the television today, many of the most dramatic parts of the programming revolve around courtroom proceedings. An overzealous prosecutor asking tough and often damning questions to a pitiful guilty looking defendant is the main focus for the audience. The part that is often unseen and overlooked is ethnicity and the role it plays in the criminal justice system when it comes to courtroom proceedings and judicial practices. When it comes to these situations, there appears to be a certain amount of bias or indifference to minority citizens (The Criminology and Criminal Justice Collective of Northern Arizona University, 2009). Because of these biases, many minorities have little to no confidence in the court systems and subsequently are less likely to bring his or her case to court. For a further look into how ethnicity influences courtroom proceedings and judicial practices, one can analyze arguments for and against ethnicity based jury nullification and contemporary examples of jury nullification. Jury nullification is defined as the process that allows juries to acquit when the facts of the case suggest a conviction. This allows citizens to play a larger role in deciding guilt and who is punished (Mcnamara & Burns, 2009, Chapter 11). Ethnicity based jury nullification occurs when a defendant...
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...In our diverse society, preconception and life experiences cause vast differences in evaluation of what establishes beyond a reasonable doubt. Some jury members may believe, that a defendant they can identify with could not have committed the crime and that the case facts are made up (Weinstein & Dewsbury 2007). Beyond a Reasonable Doubt, I would explain, is the standard that the prosecutor must meet. He or She must prove that there is no other logical explanation that can be derived from the facts except that the defendant committed the crime (Beyond a reasonable doubt (n.d.). I would instruct the jury like this, I have presented all the evidence in this case and believe that the evidence I have presented to you, proves beyond a reasonable...
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...Behavior Name Course Title Date Management organizational behavior is the assessment of human behavior, mind-set, performance and individual values within an organizational setting. This paper will discuss and practice the theory, methods and morality of the diverse disciplines that bring it out to learn about personality perceptions, principles, group formation and dynamics; and executive processes that come about on a daily basis within any social setting. These processes may consist of forms of communications, decision making, management, authority and politics, disagreement, stress management, and adjustment. Considering the controversial killing on Aug 9th in Ferguson, Missouri of Michael Brown, soon after details from an authorized autopsy on him were released to reporters, legal advocate for Darren Wilson, the police officer who openly shot and killed the teen, address the media for the first time from the time when the investigations began, and he said they were not answerable for any information release to the media whatsoever. He further went on to confirm that they were not in custody of any of the disclosed information or the undercover report. In conclusion, he said that as long as the Grand Jury carries on with meetings and the Department of Justice also carries on with investigations, any remarks on this matter is only supposed to be done in the proper legal setting and not through the media (Zeidman, 2012). Shortly after publishing the details which may...
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...Moreover, Mumia he was not able to select representation for his trial this caused for Mumia rights to be denied .This shows that he was not allowed to have self-defense. This affected his case because he was not able to speak out about the reality of the case. Second, his experience with Black Panther organization has shaped his trial by showing that he was involved with a violent organization. This affected the court decision because they looked at Mamia as a threat because he was associated with an activist group that promotes violence. This was used against him because they believed that his past experience contributed to the killing of the police officer. Third, in the trial he had racial in jury selection. This caused and unfair trial because there were jury who has racial bias. The jury was...
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...is rose’s ability to create a diverse case of characters with very different values and interests. Do you agree? Set in 1950’s America, Reginald Rose’s play, Twelve Angry Men, revolves around twelve men summoned to decide the fate of a young man’s life. Taking place in a New York courtroom, it follows the deliberations of the jurors as they attempt to make a unanimous verdict as to whether or not a sixteen year old is in fact guilty of murdering his father. Throughout the play, rose demonstrates the prejudice that obstructs the course of justice, and the diversity in beliefs and principals that separate jurors from each other. Together the jurors represent the microcosm that is American Society. For the duration of the text, each juror is only identified by a number with no evidence to suggest that they even know each other’s' names. The jury however, is a cross-section of American society as it comprises of educated, old, working-class, business and even immigrant men. This is intended by the play as the value of each juror is as a social representation, not as individuals. The 8th Juror represents possible strengths of the jury system as an aspect of the legal system. This is demonstrated by his confidence and the fact that he does not fear the idea of 'stand alone' against a potentially unanimous 'guilty' verdict, as he eventually encourages other jurors that a ‘young man's life’ is worth some discussion. Thus, through the role of the jury, Rose asserts that ordinary people...
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...The jury was consisted of one foreman and 11 other jurors. The foreman was high-school football coach who was responsible keeping the jury organized. The second jury is a bank clerk who seems shy and he believed the boy is guilty because no body proved otherwise. He doesn’t maintain his stand for long and usually changes his opinion after speaking with someone. He is 38 years old. 3rd juror is 40 years old business owner who is very opinionated and difficult to be convinced. His personal relationship with his son played a major role in prejudice against the defendant. 50 years old 4th Juror is a stock broker. He wears glasses and seems to present himself professionally and his main concerns are facts of the case which led him believe the boy killed his father....
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...Job’s office and I look forward to serving you as the newly elected Public Defender. Since leaving the State Attorney’s Office to further my career as a defense attorney, I zealously advocated for every one of my clients at every stage of representation. As you move forward, you will need attorneys to fill key positions in your organization. I will discuss in detail my key accomplishments that make me a perfect candidate for one of these positions. Trials Since starting at the Public Defender’s office in August I have focused on trials. In a little over three months I conducted seven jury trials. As you know, this is well above average for the office. The average Assistant Public Defender in this circuit averages one trial per quarter. My trial performance is exceptional in another respect, each of these seven trials resulted in a not guilty jury verdict. I obtained diverse trial experience as the charges at each trial were different. I defended against resisting arrest, fraud and theft, driving crimes, as well as violent crimes. The defenses presented at trial were also varied, from an alibi defense, to an identification defense and to just pulling a rabbit out of the hat. As you know, I also have experience as a prosecutor. I have prosecuted over a dozen cases at trial. Although I can’t say that I am undefeated as a prosecutor, I have learned a great deal from these trials. This experience will help me prepare powerful defenses for our clients. Trials experience...
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...epitomizes the validation and condemnation of the American justice system. There are many responsibilities of a jury: to achieve fair and impartial decision, determine guilt or not guilt, give people voice in the government, and to protect the rights of the accused. In other words, the main point of the jury system is not to provide innocence but eradicating or sustaining reasonable doubt. The presumption of innocence is a key theme in the narrative that reflects one of the distinct characteristics of the American justice system. As much as this film is about lessons of discrimination, fate, and impartiality, it is also a lesson of the American justice system. Although this film demonstrates many imperfections in the court system, as imperfect human beings, perhaps it is necessary that justice call upon such a system. As shown in Twelve Angry Men, the American justice system, although seemingly flawed, works for us imperfect human beings Aside from the opening courtroom scene where the audience is introduced to the judge and defendant, the film mostly takes place in a room with the twelve jurors. The names of each juror are not revealed but addressed in the order in which they are seated around the table. The lack of names reflects the anonymity of the justice system that calls upon citizens of all backgrounds to serve as a juror. Because the film moves right into the jury...
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...that exists with hung juries. It should be suggested that a supermajority be required to convict, and a mere majority be required to acquit. These reforms would effectively abolish the hung jury. We need to stop giving holdouts the power to prevent convictions and I feel that all jurors should not have to agree, only the majority. Presently, both acquittals and convictions must be unanimous in federal court and in forty-eight states. That's not fair to the defendant. He fails to get the benefit of a clear result that would allow repose, and he faces the risk of retrial, even if eleven jurors thought either that he was innocent, or that the government had failed to prove its case. (Ethan J. Leib 2006) A solution needs to be proposed to help in abolishing the hung jury. Overview of the problem Why juries hang at these rates isn’t clear. Some commentators claim that hung juries are the product of eccentric or nullifying holdout jurors. Most commentary focuses rather narrowly on the supposed failings of the individual members of a hanging jury, such as jurors’ inability to comprehend the evidence and the law, their unwillingness to follow the law, or their illegitimate refusal to reach a verdict. The experimental data recommend more complex and nuanced explanations. Based on their data, For instance, 10% of the cases in which the trial evidence was fairly close that is, it did not powerfully favor either the prosecution or the defendant resulted in hung juries, regardless of the complexity...
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