Monday, November 5, 2007

Critical Self Analysis

These last few blog posting have been hectic for me personally. At first I felt as I didn't have enough sources on how race influences both jury decisions and how jury selection methods should equally represent minorities for the sake of eliminating racism in the jury. I decided upon the topic because I do feel that sometimes minorities are not represented fairly in small communities and are given much harsher punishments than they deserve. I felt this was due to racism, purely basing my decision on the Jenna 6 case and both the O.J. Simpson trial as well as the Rodney King trial. I hardly knew that this has been going on for quite sometime and there were evidence from experiments that indicated race did play a role in most cases. Now, that I look back on the issue I feel that racism can act not solely against a minority defendant but for him as well. I think the main reason some lawyers do challenge or question whether a minority juror should be in the jury box is because they stereotype the behaviors that come with minorities. Sadly enough sometimes they do exclude them because it will be against their favor in the case (which may or may not be racism). But I realized how difficult it is for minorities to be jurors not only for the qualities they look for in jurors but also the randomness of a cross-section. When we compare the O.J. Simpson and Rodney King trials we see that each case had a different racial mix up of the juries. O.J. was acquitted of murder with a jury mostly composed of minorities and Rodney King’s attackers were let free in front of an mostly white jury. I believe that people tend to judge people with respect to themselves, and sometimes they feel sympathy for the defendant because of it. Now I realize that some of the jury racial bias comes from an individual level since some progress has been made in eliminating racial discrimination when jury selection (The Batson v. Kentucky). In some of these cases it wasn’t so, there was clear racism but I ask my self how is our system ever going to be administering justice –an objective idea, with a system that has such subjective interpretation? I do believe that some of this individual behavior is never going to change and is going to keep our system flawed, but sometimes juries go out of hand when punishment is on the line. Racism may always taint people and their individual decisions but if someone is going to be convicted to the death penalty purely based on stereotypes, they are being denied their 8th amendment rights and endure cruel and unusual punishment. So I may want to say that the federal government should set up some conditions that a person has to meet to become a juror. This should be set in motion to make sure explicitly that people do not exclude minorities from the jury to ensure minorities’ 14th amendment rights (equal protection clause) and in effect instate a minority defendant with their 6th amendment right to an impartial jury.

3 comments:

hanghang said...

I definitely agree with you that there should be conditions for people to become jurors and not just any person willing to show up when called for jury duty. However, I don't think it's possible for any standards or guidelines to completely eliminate peoples' personal biases. I believe the best way to counter individual prejudice is to make sure our juries are diverse. But nonetheless no system is completely ideal and like the cases you mentioned, there's bound to be inconsistencies.

C. Ronaldo said...

Interesting post messi. I understand what you are talking about in terms of how racism affect court rulings both ways. I also agree with that there should be more standards for a person to be a juror. I hope also that people can make objective deicision not based on color or personal preferances but the truth. Yet I realize that it is impossible to remove all personal biases from jurors and court rulings. Anyway great post and thanks for studying the issue it was really interesting.

annadele said...

This is a really provocative post Messi. I've been thinking a bit about possible solutions since my blog as revolved around the same ideas and I think that you're right when you say that issues of race affects verdicts both ways. So I think that jury education may be the answer. If a jury is instructed more as far as what an appropriate verdict would or wouldn't be depending on circumstances, it might improve things. Sometimes people don't realize that prejudice is guiding their thoughts on an issue until the possibility is confronted.