POSITION PAPER: HOW THE JURY SYSTEM PREVENTS JUSTICE FOR AFRICAN AMERICAN (WITHOUT A CHANGE IN THE JURY SYSTEM, THERE WILL BE NO JUSTICE FOR BLACK PEOPLE)

Description

NEED PAPER TO SUPPORT THE FOLLOWING POSITION:

All white juries are much more likely to convict black defendants.  All white juries are also less likely to convict police officers accused of police misconduct.  The most critical issue in the process of the criminal justice is the jury system.  Because so many jury trials have predominantly white juries with a totally different prospective and experience with the system, they are likely not to question the system or scrutinize it in a way that would hold the government to its burden of proving the case beyond a reasonable doubt.  Reasonableness is subjective and influenced by individual experiences (group experiences are similar along racial lines).

This causes many black americans to take plea deals for things they may not have done because they are fearful to going before a jury that will not convict on the facts of the case but the inherit bias of trust for police and the prosecutors general strategy of using fear and other acts of a defendant that may not have been in any way relevant to the allegations in the case; black defendants are scared of a predominantly, white juries; and, for those who do go to trial, being successful is unlikely before a white jury regardless of the evidence.

PAPER SHOULD INCLUDE THE FOLLOWING BACKGROUND:

(1) the general concept of the jury system;

(2) jury of your peers; the baston-wheeler case and concept (although the law states that a person is entitled to a jury that represents a cross section of the community, and that black jurors cannot be stricken based on race; an all white jury pool is not a jury of a black person’s peers and prosecutors can always articulate a race neutral reason to strike a juror, including experiences common to black people, like issues with police, distrust of the system and police, etc., all of which can disqualify a juror but is common to black americans; also, many black americans cannot afford to take time off for jury duty, which is problematic considering the economic issues of black americans);

(3) generally how are jury pools selected (i.e. drivers license and voting; no criminal convictions – black americans are much more likely to have a criminal record; many black defendants tried in predominantly black communities end up with all white juries, very problematic);

(4) how are jury panels selected (challenges for cause and preemptory challenges work against black jurors).

(5) leaders and activists have to focus on guaranteeing blacks on juries; because a black defendant will statistically and generally not get a fair trial before an all white jury and a white officer will not generally get convicted before an all white jury; if there is not a quick, massive, and effective change, there will continue to be a problem.

Mention cases of blacks being convicted of an all white jury and found to be innocent and the ongoing black lives matter movement and no focus on jury reform.  Must lobby lawmakers and jury commissioners for massive jury reform.