Randy Furst’s article “Black defendants, white jurors: Does race make a difference in the court?” is about racism and reveals that an all white jury is more likely to demonstrate racial prejudices against a defendant of color as demonstrated by his use of evidence. Specifically, Furst’s use of evidence suggests that on a mixed jury, jurors will acquit a non-white defendant more times than an only white jury. The first insight into the racism that non-white defendants have to face occurs when Larry Leventhal, Twin Cities defense attorney, says “‘I think it would be a challenge to get a jury that considers all the factors when the jury is white,’”(1). Leventhal’s reference to juries considering factors while white demonstrates that if a jury…
Thorsten Sellin’s “Race Prejudice in the Administration of Justice” gives an insight into how our justice system not only fails the people in society, but also fails the lawmakers. A passage states, “but he is a person who represents a class or group in society toward which the judge may have certain feelings, perhaps of disapproval or approval. ”(Sellin 213).Therefore, in no time should a group of five black and Hispanic young men gets incarcerated for a crime in which they did not commit. The rape of a white female jogger in Central Park. In a NY Times article it states, “The five black and Hispanic men, ages 14 to 16 at the time of their arrests, claimed that incriminating statements they had given had been coerced by the authorities.…
Democratic societies like Canada and the United States follow the unwritten and underlying principle of “rule of law”. The rule of law ensure that a certain level of procedural justice are achieved in trials, as they provide the court with a basic grid of evaluation. However, such procedural processes were not respected in the Bryant-Milam trial, as the the two social categories of race and social class tarnished the processes of the trial, fostering impartial judicial proceedings and ultimately disallowing justice. The trials ability in achieving justice was deterred as occupational status and race contaminated and fostered impartiality amongst the jury, the witnesses and the provided evidence; three of the fundamental components of a judicial proceedings.…
The article, Racially Based Jury Nullification: Black Power in the Criminal Justice System is written by Paul Butler and in his essay he writes about four major topics describing the racial influence in jury decisions. He also writes about the ways in which we can prevent theses racial based jury decisions. In my essay, I will be summarizing Butler’s article and analysing the way he approaches the criminal cases against African-Americans. Furthermore, I will describe my opinion of the way he supports him claim, speak about his arguments and compose a counter argument that can be used to critique his main argument. Paul Butler is an African-American man and former federal prosecutor.…
I was shocked to hear of these behaviors that occur in courtrooms. I have never had to go to court but I would be appalled to see judges and attorneys acting in those manners. Although this is not everything discussed in chapter one, it is the main ideas and the ones that truly shocked me and stood out to me. The second chapter, Gonzalez Van Cleve leads off with discussing that although criminal courts claim to be “color blind,” they still treat the defendants as lower class individuals who deserve nothing than the worst punishment. In cases where crimes were committed in self-defense, this is particularly harmful because the defendants are still treated as heartless criminals even though they were simply trying to escape a dangerous situation.…
The Scottsboro trials were one of the most blatantly obvious examples of racially corrupted systems in the 1930’s. Nine boys were convicted, not on evidence, but on the color of their skin. There were many appeals and retrials, but for these boys, honest justice was served too little too late. The boys faced a corrupt system made up of unfair trials, several appeals, two completely different judges, and they were not pardoned until eight of the nine were dead forty-six years later.…
Multiple factors influence the decision to imprison an individual. These include but are not limited to faulty eyewitness, stereotypes, gender, and racial bias. What was found was that people often tend to categorize other individuals from different races in categories and also align the stereotypes for that race to that individual. In this case, white people or white eyewitnesses would group the black defendants in category that is considered criminal which influences their judgment in selecting the offender. Eyewitnesses are not the only ones who do that but people in the court like the judge or juries tend to do the same thing.…
“Innocent until proven guilty”, a principle set forth by the founder fathers is fundamental for the protection of human and civil rights. However, “guilty until proven innocent” seemed to be the new slogan the judicial branch abided by during a dark time known as the red scare. The red scare can best be defined as a widespread series of actions by individuals and organizations whose, “intentions were to frighten Americans with false and highly exaggerated charges of Communist subversion for the purpose of political, economic, and psychological profit (Carleton 14).” The apparent threat of communism was one that erupted throughout the nation beginning during the cold war and lasted well into the 1960s. The face of this movement was Joseph McCarthy, a Republican Wisconsin senator, who’s movement and political tactics are now commonly referred to as a McCarthyism.…
“You see this scar on the top of my head?” He tilted his head to show me. “I got that scar in Greene County, Alabama trying to register to vote in 1964.”(Stevenson, 46), says an old African American man Stevenson met while giving a speech. All this happened due to the officials elected by the majority. So in a way it is the people who are responsible for corrupting the justice system.…
The Progressive Era is a period in American history defined by radical political and social movements that challenged the foundational principles of the nation. Though classical liberal principles had been challenged in the past, specifically during the Civil War and Reconstruction, it was the Progressive Era that represented a shift in the American political arena away from individualism. During the Progressive Era, egalitarian movements began to take hold in the United States. Activists and reformers from diverse backgrounds and with very different agendas pursued their goals of a better America. As a result, by the turn of the 20th century, industrialization and urbanization had transformed the US into a wealthy and dominant world…
There are many faults to the United States criminal justice system. Weaknesses in today’s judicial system fail to uphold our nation’s values and protect society’s most vulnerable members. Many of these weaknesses can be mistakes found in the way people think or the psychology behind many cognitive forces. One of these flawed psychological processes frame the way we see victims of crime. The book, Unfair, written by Adam Benforado points out how labeling victims can influence exactly how a case is handled.…
Huey Newton, the Black Panther leader, was put on trial in front of a jury of 1960’s white males. The majority had already decided to, before the trial, that Huey Newton was guilty. They either thought that Huey Newton was a cold blooded killer, or that it would weaken the Black Panther’s power. Either way, the decisions made were not based on evidence. In a modern setting, this level of disregard for proper judicial due process would not stand.…
With the inclusion of everyday citizens in a trial, it fosters political and civil engagement among citizens. Juries uphold their political power with the use of jury nullification. “the right of juries to nullify or refuse…
Although the creation non-unanimous established prior to the civil rights movement, it withstood the times and revolution in the state, exploited to accuse and convict whomever the court desired to, exclusive of the difficulty of being acquitted by jury members who opposed the majority’s verdict. One particular illustration happened in 1970, Frank Johnson, an African American, was incriminated “with the crime of armed robbery. He was tried by a jury of twelve, convicted (the verdict was nine to three), and sentenced to serve thirty-five years at hard labor in the Louisiana State Penitentiary,” (72). While imprisoned, Mr. Johnson attempted to appeal for his case by asserting that his arrest was unlawful in the first place in that “the arrest…
The United States long before its independence operated under a slave ran economy. The slaves were imported from Africa and brought to the southern part of the country to work as animals in crops for food and profit. The establishment of such society institutionalized the subservient economic practices as seen by the Three-Fifths Compromise. Similarly, Native Americans also suffered institutionalized racism because of the expansion of the United States. The nation aspired to build railroads , in essence to realize the Manifest Destiny in order to expand through the whole region and properly connect the nation.…