Randy Furst's Article 'Black Defendants, White Jurors'

Improved Essays
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

Related Documents

  • Improved Essays

    Finkenbiner Case Summary

    • 1290 Words
    • 6 Pages

    "7 The case of George Zimmerman and Trayvon Martin has been compared to McCleskey v. Kemp because of the role that racial 6 "McCleskey v. Kemp," McCleskey v. Kemp, Accessed April 15, 2015, http://law2.umkc.edu/faculty/projects/ftrials/conlaw/mccleskey.html. 7 "RACE: Commentary on the Anniversary of McCleskey v. Kemp," RACE: Commentary on the Anniversary of McCleskey v. Kemp, Accessed April 15, 2015, http://www.deathpenaltyinfo.org/race-commentary-anniversary-mccleskey-v-kemp. Finkenbiner 6 profiling played.…

    • 1290 Words
    • 6 Pages
    Improved Essays
  • Improved Essays

    The U.S. Supreme Court denied the case of Swain vs. Alabama’s appeal in 1965. Swain was a black man convicted of raping a white women in Talladega, Alabama, which sentenced him to death. The court that found him guilty consisted of an all white jury. However, the Supreme Court still denied the appeal because the jury had been selected from a panel consisting of 100 men over the age of 21 that had 8 black men on it. They decided that the difference in the proportion of the black men over 21 on the panel and the proportion of black men over 21 living in Talladega was small enough that it did not suggest blacks were being excluded from the panel on purpose.…

    • 779 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    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.…

    • 753 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    The concept of racial injustice has been debated throughout American history; it has been especially evident in America’s legal system. No matter the decade, African-Americans have continually been wrongfully convicted for crimes they never committed. From Brown versus Mississippi (1934) to the case of Brian Banks (2002), one stands out amongst the others: the Scottsboro Trial. This case can be considered the epitome of injustice as the role of racism in the trial was extremely evident in the fact many of the boys’ rights were taken away and crucial evidence was ignored by jurors.…

    • 1847 Words
    • 8 Pages
    Improved Essays
  • Improved Essays

    Discrimination in the Justice System August 9th began as any other day for young Michael Brown of Ferguson, Missouri. Little did he know that walking down the street would end his life in just a blink of an eye. Officer Darren Wilson, who ruined the Brown family and took an innocent life by mistake, will not suffer nor be punished. It is moments like these when society must come to realize the obvious discrimination in the justice system. African Americans, especially, but minorities of all color and ethnicity, have been victim to endless amounts of prejudice.…

    • 1998 Words
    • 8 Pages
    Improved Essays
  • Improved Essays

    One of the other significant issues facing the African-American, and our community as a whole, and is brought up in the New Jim Crow is: the myth of color-blindness of our Criminal Justice system. Michelle Alexander reiterates, that despite the popular belief, our Criminal Justice system is not color-blind after all. She proves this argument by illustrating case after cases where our criminal justice system has treated exactly the same scenarios differently. The only noticeable difference in such similar situations has been the color and race of the defendants.…

    • 1048 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    This paper examines the controversial issue regarding racism in the law enforcement system. Statistics in regards to minorities and white people are included to show in numbers how people are actually being affected by the treatment of those in law enforcement. Two college campus rape cases are discussed in order to display the difference in sentencings given to two athletes of different races. Lastly, the ideas of institutional racism as well as the Implicit Bias theory are explored.…

    • 914 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Introduction The article Racially Based Jury Nullification: Black Power in the Criminal Justice system was written in December, 1995 in a Yale Law Journal by Paul Butler, and than later republished in 2015 in Introduction to Legal Studies. This article was published in North America, for academics in law stream, or anyone with an interest in law. The author poses different views on the racism in todays court rooms faced by African American, particularly by the men. In this essay, I will be analyzing this case from the perspective of white girl so I really can’t say shit on the subject.…

    • 967 Words
    • 4 Pages
    Improved Essays
  • Superior Essays

    The most obvious form of prejudice is racial prejudice, however, on a wider scale certain jurors showed their prejudice in the form of preconceived notions and irrational ideas. Gilovich asserts that the tendency is “for people’s preconceptions to bias their interpretations of what they see”. (1993.p15) Although the ethnic background of the defendant is never revealed, the reader is led to believe he is from a minority background. Juror ten is the most obvious example of someone who is racially prejudiced; he is immediately against the defendant because he is “one of them” and makes frequent references to “those people” he subsequently argues with juror five, also an inhabitant of the slums in an attempt to defend his statement that the boys slum background proves that he is “trash”.…

    • 1621 Words
    • 7 Pages
    Superior Essays
  • Great Essays

    Racial bias or racial tendencies become apart of society when the only image of a criminal is African American. A fundamental component of racial profiling is the targeted application of law enforcement resources to communities of color when whites engage in similar behaviors but do not receive similar scrutiny (Glover, 2009, p.93). Unconscious bias is active even when law enforcement tries not to discriminate because of their racial…

    • 1996 Words
    • 8 Pages
    Great Essays
  • Improved Essays

    “Nationwide, African-Americans represent 26% of juvenile arrests, 44% of youth who are detained, 46% of the youth who are judicially waived to criminal court, and 58% of the youth admitted to state prisons (Center on Juvenile and Criminal Justice).” (NAACP) Is the Criminal Justice Racially biased? In any case of Justice no one system can be completely flawless. The American Criminal Justice System is not perfect and falls short of satisfactory in the case of race and fair treatment, but compared to other systems this system has proven to be effective.…

    • 532 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    The jurors, probably the most important aspect of the criminal justice system, in itself. The American justice system, is built on the idea that justice is blind, therefore, justice is fair, however, it is the jury that ensures that fairness, with that said, it is understandable how one’s bias can compromise the criminal justice system. Therefore, jurors are faced with their own personal bias, moreover, they struggle with their decisions due to personal beliefs, some of which may not be ethical. It is clear, that the adversarial, or adversary system, allows for the most transparent and fair process that exist on this planet, just ask the People’s Republic of…

    • 719 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    The justice system of America is constantly criticized for being unfair. The establishment of an unfair justice system is due to bias and bigotry. The play Twelve Angry Men by Reginald Rose shows the prejudices of the system as twelve different men, from different past, must concur and make a verdict on a murder case. The author indicates that the justice system is unfair through biases portrayed in the juror’s dialogue, past history, and attitude in making a verdict.…

    • 595 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Daniel discusses how racism is visible within our countries laws and procedures. He also states that racism is built into customs, however in this sense it might not be as visible as it is within laws and procedures. It is noted by Akers and Sellers that this might be the case as use of excessive force, citizen harassment, stop and search, etcetera, lean toward racial and class biases. This brings to light the existence of stereotypes and their workings within the criminal justice system, centering on police actions and behavior.…

    • 1522 Words
    • 7 Pages
    Improved Essays
  • Superior Essays

    Fraudulent actions are allowed by judges in courtrooms all the time. Often African Americans are discriminated against in the courtroom, which is a fact proven by the proportion of the African American serving time in the criminal justice system. This occurs because of “implicit bias,” which can be, and was measured by the Implicit Association Test (Rachinsky). Rachinksy’s research into the Implicit Association Test (IAT) shows that white people, more than any other race associate white people with positive thoughts and other races with the opposite. What race are most judges?…

    • 1533 Words
    • 7 Pages
    Superior Essays