Often times it is not supported because it allows a biased judgment to be formed not based on guilt of the person but based on race. In 1895, in United States v Sparf, the U. On one hand, the jury is able to uphold a true level of justice when a criminal or civil case may be inappropriate from a moral standpoint. Jury nullification prevents our criminal justice system from becoming too rigid--it provides some play in the joints for justice, if jurors use their power wisely. Simply pulling names from more comprehensive lists can increase jury diversity. Why the criminal justice system feels it must hide this still-recognized and inherent power from common jurors is beyond me.
This may occur when members of the jury disagree with the law the defendant has been charged with breaking, or believe that the law should not be applied in that particular case. If the people are so busy with other things that they do not take seriously their obligation to uphold the Constitution and keep their elected officials in line, it is only a matter of time before unethical scoundrels will come to power because they see the ease of becoming rich and powerful, real crooks, without risking jail time. It discusses racial critiques of American criminal justice and offers a primer on jury nullification. Juries are charged with applying the law as described by the judge to the facts of the case. I will also discuss the constitutional rights that are enacted during jury trial. She is a proud veteran, wife and mother.
The prosecutor proposed a white jury to hear the case. Colonialism, Edward Said, Gayatri Chakravorty Spivak 1436 Words 4 Pages Jury Selection Christina Coyle Strayer University May 9, 2010 Every American that has registered to vote or has a drivers license can at any time be called to serve on a jury. Retrieved August 2, 2004, from HighBeam Research database. Department of Justice, Bureau of Justice Statistics. One accused could be convicted by a jury who supported the existing law, while another person indicted for the same offence could be acquitted by a jury who, with reformist zeal, wished to express disapproval of the same law.
Everyone involved in the proceeding has to perform certain duties to their highest ability and they have to be fair to everyone that is involved. Jury nullification prevents our criminal justice system from becoming too rigid--it provides some play in the joints for justice, if jurors use their power wisely. Journal of Black Studies, 28 1 , 97- 111. It worked: They returned a verdict of guilty, later telling Dr. In this article I summarize Butler's call to nullify and critically review Leipold's and Marder's critiques of Butler's proposal.
The opinions offered in the news, even before pre-trial interviews occur, can cause jurors to decide the merits of the case on their own before they even hear any evidence. But otherwise, a victim had the duty and obligation to flee, to retreat to a position of safety, if at all possible. And in the Prohibition Era of the 1930s, many juries practiced nullification in prosecutions brought against individuals accused of violating alcohol control laws. Peremptory challenges are an issue because great discretion is afforded in the application of peremptory challenges. However, the results of the cases in 2006 were not any more successful than cases in prior years.
Jury Nullification Explain whether Ethnicity Influences Courtroom proceedings and Judicial Practices In the present society, has an impact on court procedures and legal practices not forgetting the places we live. Thus, the Batson and Johnson decisions have done little to address the impact that peremptory challenges have on the representation of African-American jurors in trials. Just as pardon power is used by governors and the president, juries have the power to bring back acquittals. In his first classroom experience his mother was given the choice of enrolling him in a predominantly Black, Puerto Rican, or Chinese class. Therefore, the use of peremptory challenges should be limited or perhaps even abolished.
First, a prima facie case revealing discrimination must be established, and then the burden shifts to the side that made the challenge to give a race-neutral explanation. The right to a jury trial was eventually brought to America by the English colonists to serve as a tool against oppression and a symbol of freedom Weddle, 2013. Because of the power granted to juries and the nature of deliberations, they are free to acquit or convict for any reason they choose. Almost a century later in 1649, in the first known attempt to argue for jury nullification, a jury likewise acquitted for his part in inciting a rebellion against the regime. For example, in a prosecution for robbery, the judge will explain to the jury that before finding the defendant guilty, it must unanimously agree, beyond a reasonable doubt, that the defendant took something from the person of the victim, using force or fear. Leipold 1996 , for example, argues that the gains that have been made in society will be dismissed by Butler's recommendations and that individuals who are critical of the criminal justice system must be patient when waiting for solutions to racist criminal justice policies and practices.
Many underrepresented groups and less affluent people are less likely to be registered voters. Consequently, jury nullification is seen as a de facto power of juries. Racial profiling is center of debate. Thus, it is crucial to take Butler's racially based jury nullification recommendations into consideration to ensure justice throughout the legal system for African-Americans. What the Court is implicitly recognizing with this statement is jury nullification. What race or ethnic group we belong to determines our life chances in contemporary society. A Jury of Whose Peers? The independence of the jury was recognized in Bushell's case 1670 when it was established that the judge could not challenge the decision made.
Home Office civil servants suspected the difference between the pleas could be explained by the difference between the boys' admittance that they had caused the fire, and their denial that they had done so maliciously. In a way, they argue, the jury is the conscience of society, and their job is not only to decide whether the defendant did the acts charged, but whether he should be condemned and punished for it. A person convicted of any felony crime in the United States is forever barred from possessing a firearm felon in possession of a firearm. Those who wrote our constitution knew from history and experience that it was necessary to protect against unfounded criminal charges brought to eliminate enemies and against judges too responsive to the voice of higher authority. Shapiro A Culture of Fact: England, 1550-1720, Cornell University Press, 2003 , p. The Peremptory Challenge Accused of Race or Gender Discrimination? Society must address the unchecked use of discriminatory peremptory challenges in order to ensure justice for all.
The jury in effect nullifies a law that it believes is either immoral or wrongly applied to the defendant whose fate they are charged with deciding. Defense counsel may attempt to tell the jury that they have the power to ignore the law, but such attempts are almost always impermissible, and result in contempt of court findings. And what are their contributions to the English Legal system? Close this pop-up window to remain on this page Jury Nullification by Doug Linder 2001 What is jury nullification? However, due to the use of unchecked peremptory challenges and ineffective jury selection strategies, citizens from marginalized communities are often underrepresented during jury trails in America. Racial- based nullification can be beneficial in addressing the unfair issues in the criminal justice system. But nullification was also at work in the South in the 1950s, where juries refused to convict White men of violent crimes against Blacks and civil rights workers.