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COMMENTARY: Experts: ‘Jury of your Peers’ Rarely Applies to African Americans

NNPA NEWSWIRE — “Race has a tremendous impact in criminal trials, at least one African American juror can help even the playing field when it comes to verdicts. Race matters in the courtroom and race relates to perception and judgment – especially when a case is about race,” said Waukeshia Jackson, founder of the Atlanta-based Jackson & Lowe Law Group.

Published

5 years ago

April 27, 2019

Oakland Post

By Stacy M. Brown, NNPA Newswire Correspondent
@StacyBrownMedia

If accused of a crime, American justice supposedly guarantees the right to a trial in front of a “jury of your peers.”

However noble the idea might be in theory, many legal experts acknowledge that, due to systemic racism, having a jury of your peers is often just an illusion.

For African Americans, systemic racism in the criminal justice system has greatly contributed to mass incarceration, partly because blacks are more likely to be profiled, pulled over by police, searched, and arrested, according to legal experts.

Once arrested, African Americans also are more likely to be detained prior to their hearing, which could take months.

“Jury selection creates another concern,” said Charlotte, N.C.-based Attorney Darlene Harris.

“When a juror is unable to relate to a person accused of a crime, the defendant is more likely to face stiffer penalties, up to and including life in prison,” said Harris, who after trying a recent murder trial, spoke to a white male juror who shared that a lot of the jurors could not understand the African American defendant.

“The two people who could relate to the defendant happened to be Black women. They were able to shed information that led the group to finding the defendant guilty of second-degree murder as opposed first degree murder, which would have resulted in a life sentence,” Harris said.

That and other experiences led Harris to question how much different the outcome would have been if there were black men – from the same socio-economic background as the defendant – on the jury.

“The scourge of racism manifests in discriminatory policies and practices such as the ‘War on Drugs,’ Stop and Frisk, and Three Strikes You’re Out,” Harris said.

“Consequently, black men are profiled more often, punished more frequently and more harshly than any other group in the United States,” she said.

The Sentencing Project estimates that there are presently 2.2 million people incarcerated in America.

Black men born in 2001 have a 1 in 3 chance of being incarcerated.

Given these distressing numbers, black men appear to have a higher risk of being knocked out of juror pools, Harris said.

“When you couple racist policies and practices with socio-economics, the share of black men available for jury selection is further diminished and since people must take time off work to serve on juries, only people who can afford to miss a paycheck, people with paid time off or flexible work arrangements can afford to serve on a jury,” Harris said.

“Keep in mind that trials for serious crimes are lengthy; a recent murder trial that I was a part of lasted one month. How many of us can afford to skip a month’s pay?” she said.

While a judge is not required to exempt someone from jury duty because the person can’t afford to go without a paycheck, defense attorneys are ill-served by forcing a person to miss pay to be their juror, Harris added.

The right to a jury trial is a hallmark of the American criminal justice system and defendants generally have the right to be tried by a jury of their peers, said Waukeshia Jackson, founder of the Atlanta-based Jackson & Lowe Law Group.

In explaining the meaning of having “a jury of your peers,” Jackson said defendants aren’t entitled to a jury containing members of their own race, gender, age, or sexual orientation.

Most accurately, “jury of your peers” means “jury of fellow citizens,” she said.

“Nonetheless, widespread discrimination remains in the jury selection process,” Jackson said.

While courts don’t have to ensure that a defendant’s race, gender, age, or sexual orientation is represented in a jury pool, the Supreme Court has long held courts may not remove a potential juror solely based on these factors, she said.

“For more than a century, racial minorities have been protected from jury discrimination in theory but in practice, these laws have little actual protection and one critical factor that impacts African American eligibility to participate in jury pool is the felon jury exclusion rule,” Jackson said.

Throughout the country, African Americans are overrepresented in felony convictions and therefore more likely to be excluded from jury pools because individuals cannot serve as a juror if they’ve been convicted of a felony.

“The felony jury exclusion rule dramatically reduces the number of African Americans eligible for jury selection because roughly, one-third of the adult African-American male population has been convicted of a felony and, in many jurisdictions, these citizens are forever barred from serving on a jury,” Jackson said.

“Race has a tremendous impact in criminal trials, at least one African American juror can help even the playing field when it comes to verdicts. Race matters in the courtroom and race relates to perception and judgment – especially when a case is about race,” she said.

The landmark 1986 case of Batson v. Kentucky established that lawyers aren’t permitted to engage in systematic exercise of peremptory challenges of prospective jurors based solely upon such suspect criteria.

“However, if the attorney – whether it be prosecutor of defense attorney – can establish an age, race, ethnicity, or gender-neutral reason for the use of the peremptory challenge, the court will permit it,” said Western Michigan University Cooley Law School Professor and former Miami-Dade Judge Jeff Swartz.

“The jury pool should be made of such a representative cross-section in the same proportion as found in the community,” Swartz said.

“Does this mean that on many occasions that a black defendant may end up with an all-white jury? Yes, it does,” Swartz said.

Jackson added that those who are not African American haven’t experienced the racial discrimination and verbal abuse that are far too common for members of the black community.

Jurors from all-white jury pools convict African American defendants significantly more often than white defendants and this gap in conviction rate is entirely eliminated when the jury pool includes at least one African American member, she said.

“The makeup of a jury can mean the difference between a conviction and an acquittal,” Jackson said.

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#NNPA BlackPress

#LET IT BE KNOWN — LIVE FROM THE DEMOCRATIC NATIONAL CONVENTION

Published

3 weeks ago

August 20, 2024

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Democrats Call for Fierce Defense of Democracy and Working-Class Values

NNPA NEWSWIRE — Democrats from all political backgrounds came together to honor President Biden’s legacy, which includes unwavering efforts to reduce costs for middle-class Americans, repair a deteriorating infrastructure, and defend democracy from unprecedented threats.

Published

3 weeks ago

August 20, 2024

Oakland Post

By Stacy M. Brown
NNPA Newswire Senior National Correspondent
@StacyBrownMedia

In an electrifying moment at the Democratic National Convention (DNC) that likely set the tone for the party’s campaign, Vice President Kamala Harris made a surprise appearance on the opening night, seizing the stage to the triumphant anthem of Beyoncé’s “Freedom.” The crowd erupted with fire in her voice as Harris declared, “I want to kick us off by celebrating our incredible president, Joe Biden. Thank you for your historic leadership, for your lifetime of service to our nation, and for all you will continue to do. We are forever grateful to you.” The first night of the DNC was more than a celebration; it was a battle cry. Democrats from all political backgrounds came together to honor President Biden’s legacy, which includes unwavering efforts to reduce costs for middle-class Americans, repair a deteriorating infrastructure, and defend democracy from unprecedented threats. The message was clear: Biden’s work is not done, and Vice President Kamala Harris and Governor Tim Walz are ready to continue that fight.

Speakers who are most familiar with Biden, such as Senators Raphael Warnock and Chris Coons, as well as Dr. Jill Biden and Ashley Biden, shared stories that painted a picture of a president who is unwaveringly dedicated to the American people. “In public and in private, President Biden never backed down from his vision for an America where everyone has a fair shot,” Warnock emphasized. Dr. Biden and Ashley Biden gave heartfelt tributes to the man who led the nation and his family with steadfast devotion. The emotional high point of the evening came when Biden, introduced by his daughter Ashley, took the stage to a thunderous ovation as “Your Love Has Lifted Me Higher” filled the arena. The crowd’s response was deafening, with chants of “We love Joe” and “Thank You, Joe” reverberating throughout the hall, a powerful testament to Biden’s connection with the American people.

In a speech that was as much a rallying cry as it was a reflection on his presidency, Biden delivered a stark reminder of what’s at stake. “Let me ask you… Are you ready to vote for freedom? Are you ready to vote for democracy and America? Are you ready to elect Kamala Harris and Tim Walz?” Biden’s words resonated as he recalled the perilous moment of his inauguration, just weeks after supporters of the twice-impeached former president stormed the U.S. Capitol. “You cannot say I love my country only when you win,” Biden asserted. “The winter of peril and possibility has passed, and with a grateful heart, I stand before you to report that democracy has prevailed. But now, democracy must be preserved.” Biden highlighted the progress made under his administration, pointing to economic recovery, healthcare expansion, and the battle against corporate greed. He singled out Harris’s critical role in these achievements. “We’ve gone from economic crisis to the strongest economy in the world… More Americans have health insurance than at any time in American history. And we finally beat big pharma. Guess who cast the tie-breaking vote? Vice President and soon-to-be President Kamala Harris. Now it’s the law of the land—$35 a month for insulin.”

The evening was charged with passionate speeches that struck the heart of the nation’s issues. Former Secretary of State Hillary Clinton delivered a searing indictment of Donald Trump, contrasting Harris’s steadfast dedication to American values with Trump’s chaotic legacy. “Kamala won’t disrespect our military and our veterans,” Clinton declared to thunderous applause. “She will defend democracy and our Constitution and will protect America from enemies foreign and domestic. Donald Trump fell asleep at his own trial, and when he woke up, he made history as the first person to run for president with 34 felony convictions.” Representative Alexandria Ocasio-Cortez delivered a fiery endorsement of Harris, framing her as the champion of the middle-class needs. “In Kamala Harris, we have a chance to elect a president who is for the middle class because she is from the middle class,” Ocasio-Cortez proclaimed. “She understands the urgency of rent checks, groceries, and prescriptions. She is as committed to our reproductive and civil rights as she is to taking on corporate greed. She is working tirelessly to secure a ceasefire in Gaza and bring hostages home.”

Ocasio-Cortez didn’t hold back in her critique of Trump, accusing him of being a self-serving demagogue. “Donald Trump would sell this country for a dollar if it meant lining his own pockets and greasing the palms of his Wall Street friends,” she said. “I, for one, am tired of hearing about how a two-bit union buster thinks of himself as more of a patriot than the woman who fights every single day to lift working people out from under the boots of greed trampling on our way of life.” The night was filled with moments that galvanized the crowd. Golden State Warriors Head Coach Steve Kerr, invoking the words of Steph Curry, declared, “After the results are tallied that night, we can tell Donald Trump, ‘Night, night.’“UAW President Shawn Fain tore off his jacket to reveal a shirt emblazoned with the words “TRUMP IS A SCAB,” igniting the crowd into a fervent chant of “Trump’s a scab! Trump’s a scab!”

In one of the night’s most pointed moments, Rep. Jasmine Crockett drew a stark contrast between Harris and Trump: “She became a career prosecutor while he became a career criminal. Who would you hire? Donald Trump or Kamala Harris? Kamala Harris has a resume, and Donald Trump has a rap sheet with 34 felonies, 2 impeachments, and 1 porn star to prove it.” The NAACP President Derrick Johnson and Melanie Campbell, the President and CEO of the National Coalition on Black Civic Participation, led a standing ovation for civil rights icon Rev. Jesse Jackson during the celebration.

Chicago Mayor Brandon Johnson also delivered a powerful message that resonated deeply with the audience. “I know that my daughter will see not only a reflection of herself in the White House, but she will experience the deepest part of American values… Kamala Harris—she’s got us.” Harris’s words from earlier in the night echoed as the event ended: “We are at a pivotal moment. The choices we make now will determine the future of our nation. Together, we will fight for the soul of America and build a future where everyone has a fair shot. Our best days are still ahead, and we are ready to lead.”