...Practices in 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...
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...• Explain whether ethnicity influences courtroom proceedings and judicial practices. Ethnicity does in fact influence court room proceedings and judicial practices. People throughout the years have experienced this by being part of a court proceeding or being the person actually involved in a particular case (Kennedy, 1997). There are times were the individuals involved in the court proceeding are actually they who make their case be influenced by their ethnicity due to their family member’s or particular followers. If the jury is particularly White/ Caucasian, and the defendant is African- American, there is generally a bias that people are racially condoning that individual to prison or jail time, but if the whole jury is African- American, the jury might have some leniency towards that particular individual to the point of reaching jury nullification (Kennedy, 1997). • Include contemporary examples of ethnicity-based jury nullification. One example of a contemporary jury nullification is a case that happened in Pennsylvania in 2009. The event happened in rural Pennsylvania. The case was about two teenage boys at the time, Derrick Donchak, 19, and Brandon Piekarsky, 17. They brutally killed a Mexican immigrant by kicking him while convulsing on the ground (Neiwert, 2009). The man they killed was named Luis Ramirez. The jury panel were all White and had strong roots against Mexican immigrants (Neiwert, 2009). The article mentions that even the judge and...
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...Team C: Jury Nullification CJA/344 October 15, 2012 Team C: Jury Nullification Jury nullification has been a growing concern throughout the years for many Americans. Jury nullification is a constitutional doctrine that allows juries to acquit guilty defendants but who do not deserve punishment. Many believe that when this sort of action takes place the jury racially identify with the criminal defendant. There have been several cases for an example: the O.J Simpson case or the police officers in the Rodney King beating. The evidence was visible, but the verdict was not guilty. This paper includes how and if ethnicity influences courtroom proceedings and judicial practices, arguments against ethnicity-based jury nullification, contemporary examples of ethnicity based-jury nullification, and by choosing a position for or against ethnicity-based jury nullification. Ethnicity Influences and Judicial Practices There have been plenty of attempts to advance equal justice in the United States (Ward, Farrell, & Rousseau, 2009). In the criminal justice administration disparity still remains a concern. Criminal justice research on sentencing has found disparity based on defendant characteristics as gender, race, and class. There have been two changes by many individuals to secure equal justice in the court system. Implementations of sentencing guidelines, reduce bias, and increased racial and ethnic group representation among arbiters...
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...negative connotations, which can often lead to a clear bias before a presented decision is made. Looking at the case and trial of Adnan Syed, it is clear to see how strongly courtroom bias has influenced the outcome of this trial. The tenth episode of the podcast focuses on the trial of Hae Min Lee’s death, but a large portion of it discusses Adnan's convictions. At the beginning of the episode, it discusses the standard order of law known as “removal for cause”...
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...Racial Diversity in Jury Selection Barbara Sigler Unit 3 American Intercontinental University Abstract The selection process of juries was designed to select citizens that were equal peers of the person involved in the trial. However, many disparities exist and the selection process at times seems to be disproportionate relating to race or ethnicity. Reform of the legislature would benefit those that are not being properly served. It is the right of every citizen in this nation to have his or her case decided by a fair and impartial jury. The selection of the jury panel is one of great importance and one that can have a great effect on the outcome of the case. Therefore, it is obvious that the attorneys have a great interest in manipulating the jury selection to include who they may feel would return a favorable verdict for their client. Attorneys generally favor potential jurors that share certain characteristics to include race or gender with their client. The attorneys feel that there is increased empathy when these similarities exist, possibly resulting in a favorable verdict (Frank, 2011). According to a case study of two separate counties, it is obvious that demographics did not play a role in the jury selection process. County A had a population of approximately sixteen thousand with one fourth of the population being African American. Yet only ten to fifteen percent was black. In addition, in the past years not one single black has...
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...CJA 344 Week 3 ury Nullification Paper Assignment: Jury Nullification Paper CJA/ 344 Week 4 November 25, 2012 Mr. Jones CJA 344 Week 3 Assignment Jury Nullification Paper Ongoing debate exists on the issue of whether indeed ethnicity influences proceedings in the court room or not. Supreme Court nominee Sonia Sotomayor said in a 2001 speech that a judge's gender and ethnicity does, and should, influence his or her decision-making on the bench. Sotomayor made the comments on October 26, 2001, at a University of California-Berkeley symposium marking the 40th anniversary of the first Latino named to the federal district court. She states something very relevant to this which was, "I wonder whether by ignoring our differences as women or men of color we do a disservice both to the law and society," she said at the event, sponsored by the law school. "I further accept that our experiences as women and people of color affect our decisions. The aspiration to impartiality is just that — it's an aspiration because it denies the fact that we are by our experiences making different choices than others." "Our gender and national origins may and will make a difference in our judging. This is not to say that all African Americans, all Latinos or all women share the same views and life experiences. This too would be a silly position. But it is to say that in our society, factors such as race, gender and social class...
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...African-Americans were the most affected by the trials because of segregation and post-Civil War hatred (Race, Ethnicity, and the Criminal Justice System). The African- Americans made up, “about 11 percent of the U.S. population, and were 31 percent of the prison population.” (Race, Ethnicity, and the Criminal Justice System). An example of this hatred is shown, in 1956, when Martin Luther King went to court because he got people to boycott against the Montgomery Transportation Department. MLK brought 8 Black lawyers, 1 White attorney, and 33 testimonies with him. MLK proved that the city buses were unconstitutional because they harassed African-Americans and yet, the court announced that MLK was guilty for boycotting, mainly because of his ethnicity (State of Alabama V. M. L. King, Jr. (1956 and 1960)). In addition, whenever an African-American was being tried for a crime, finding a proper and noble defense lawyer was very difficult and costly. Many of the lawyers, themselves, had to stay out of these trials to maintain their reputation. As a result, many lawyers didn’t want to defend an African-American in a case (State of Alabama V. M. L. King, Jr. (1956 and...
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...------------------------------------------------- jury selection process Jocelyn Edwards April 15, 2016 CJS/221 Instructor EBONY PULLINS-GOVANTES Jocelyn Edwards April 15, 2016 CJS/221 Instructor EBONY PULLINS-GOVANTES An explanation of the jury selection process is known as several methods normally used to select the people that will serve on a jury. During this process you have several steps that occur and they are listed as the following: First thing first, you start off with a jury pool which is where the individuals are selected from a community simply by using a fair random method. Then, a list of names for the jury are collected from Voter's registration and driver's license or state ID renewals. Next, there are summonses mailed to different citizens and that’s where a panel of jurors are appointed to a courtroom and randomly picked to serve in the jury box. Third, the judge and attorneys have an option whether or not to challenge for a cause argument or use one of the peremptory challenges based on jurisdiction. Lastly, the jury in certain jurisdictions must be death qualified to remote those who are opposed to the death penalty. Here are a few cases that helped controlled the systemic discrimination of the courts in this process: 1880 decision of Strauder v. West Virginia, United States v. Nelson, Swain v. Alabama, Purkett v. Elem, and Batson v. Kentucky just to name a few. Jury nullification is used in relation to diversity because it's based on an ultimately...
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...verdict is true to the jury, but in reality Tom Robinson is an innocent man. A trial is held to find the person who took advantage of Mayella and caused her injuries. Both sides of the story completely contradict each other, but both sound truthful. Bob Ewell, Mayella’s father, makes his confession which essentially states that he found Tom Robinson beating on Mayella when he arrived at his home. On the other hand Atticus, Toms defense attorney, states that Tom was requested to do a chore for her and ended up being kissed by her. Atticus also adds that when...
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...|Week Three Paper |Max Pts |Your Pts | |Word Count |1 |1 | |APA |2 |2 | |Gram. Sp. Punct. |1 |1 | | | | | |Defining Terms |1 |1 | |Examples used |2 |2 | |Content |3 |3 | |TOTAL |10 |10 | Jury Nullification Paper Therese Carlon June 3, 2012 Joseph Mariconda The United States Declaration of Independence has been viewed over the first two centuries as one of the definitive government documents that spell out both racial and ethnic equality for all Americans. However, there is a section of this worthy document that refers to one of the foundational premises for our founding freedoms: “That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, — That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to...
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...against the death penalty. However the death penalty, a huge controversy on its own, is made even more complicated when we begin to discuss the ideas of race, racism, and other biases. Research shows us that more racial and culturally diverse juries, especially death qualified juries, can help to fight this problem. Education on the research of bias prosecution and the criminal justice system itself may also help combat the problem. A diverse and representative jury should decrease the impact of prejudice United States Supreme Court justice Sandra Day O’ Connor once observed “Conscious...
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...and that race is not a relevant consideration in that assessment (May and Sharratt 1994: 317). In other words, it is only possible to justify treating people differently if there exists some factual difference between them that justifies such difference in treatment (Rachels 1999: 94). Equality is a nonspecific term that means nothing until applied to a particular context. Thus, in a political context, equality means equal access to public office and equal treatment under the law, and equal treatment extends to equality in terms of job hiring, promotion, and pay. Race refers to groups of persons who are relatively alike in their biological inheritance and are distinct from other groups (American Anthropological Association 1997: 2). Ethnicity is a cultural phenomenon referring to a person’s identification with a particular cultural group (Hinman 1998: 403). Race is socially constructed, and the notion that persons “belong” to a particular race was developed in the last century based on the belief that there was a biological basis for categorizing groups of people. Biologically, however, the term race has no meaning, yet society continues to give the notion meaning by using it as a social category. The notion of race gradually took hold in U.S. society when the institution of slavery reinforced the idea that one race could be inferior to another (Banks and Eberhardt 1998: 58). In the United States, the law has had the effect of distributing benefits and burdens based on race...
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...Name Tutor Course Date Federal Death Penalty Law Death penalty is advocated for by the state legislature or congress in cases of murder and certain capital crimes. A ruling from the Supreme Court rules that the death penalty does not violate the Eighth Amendment’s ban regarding unusual and cruel punishment. However, the Eighth Amendment shapes the procedures to be employed by the jury regarding the use of the death penalty. According to the U.S. Supreme Court’s law, a penalty given to the defendant should be proportional to the kind of crime committed. Contrary to this, the punishment will have violated the Eighth Amendment, which is against unusual and cruel punishment (U.S. Department of Justice 3). The Supreme Court has to consider a number of factors in determining whether a death penalty is the appropriate penalty in the case. First, the court has to consider the gravity and severity of the penalty. Second, the court has to consider the jurisdiction under which other criminals are punished. Finally, the court has to consider the jurisdiction under which the same crime cases are punished. The defendant is granted a death sentence penalty in certain circumstances. First, in the event that he/she is charged guilty of a crime committed and capital sentence is the only legal authorized sanction. Second, if the defendant is found guilty of intentionally killing the victim. Finally, if the case presents several aggravating factors that feature in the statutory list...
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...Some critics argue that the jury selection criterion is not fair as most judges are former prosecutors (Sommers & Ellsworth, 2003). It is clear that the death punishment is the preferable method of preventing crimes of murder. The death penalty is one punishment that cannot rely on the rule of law alone, but also an ethical judgement that represents the conscience of the community on deciding if the accused has lost his moral entitlement to live. It is vital for the legal system to examine the composition of the jury pool to meet the legal standards (Lanier & Acker,...
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...Name Tutor Course Date Federal Death Penalty Law Death penalty is advocated for by the state legislature or congress in cases of murder and certain capital crimes. A ruling from the Supreme Court rules that the death penalty does not violate the Eighth Amendment’s ban regarding unusual and cruel punishment. However, the Eighth Amendment shapes the procedures to be employed by the jury regarding the use of the death penalty. According to the U.S. Supreme Court’s law, a penalty given to the defendant should be proportional to the kind of crime committed. Contrary to this, the punishment will have violated the Eighth Amendment, which is against unusual and cruel punishment (U.S. Department of Justice 3). The Supreme Court has to consider a number of factors in determining whether a death penalty is the appropriate penalty in the case. First, the court has to consider the gravity and severity of the penalty. Second, the court has to consider the jurisdiction under which other criminals are punished. Finally, the court has to consider the jurisdiction under which the same crime cases are punished. The defendant is granted a death sentence penalty in certain circumstances. First, in the event that he/she is charged guilty of a crime committed and capital sentence is the only legal authorized sanction. Second, if the defendant is found guilty of intentionally killing the victim. Finally, if the case presents several aggravating factors that feature in the statutory list...
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