Jury Nullification

The rest of the jury realized the boy’s race was not a fact of the matter. The condition the boy was raised was not completely certain but as the jury even walked through every witness’s perspective; they were attempting to be as realistic as possible. The 10th juror was a racist but his perspective was useful nonetheless by teaching a lesson. This responsible approach resulted from an impartial jury with different perspectives and in law reviews such as, “Diversity and the Civil Jury”; it is made clear just how legal and important impartial juries can be. “The right to an impartial jury drawn from a fair cross section of the community has mostly been expounded upon in the context of the Sixth Amendment's right to a jury trial in criminal cases, but has been applied to civil cases as well.’ In order to ensure that juries serve “as instruments of public justice,” this requirement is designed to create “a body truly representative of the community” (Carbone 840). America is very diverse so it makes sense that a jury should reflect such a mixed society and leave racism at the door.

In an attempt to counter the racist claims of the defense, the jury was selected and was mostly African American females (Gaines 2001). The district attorney of Los Angeles believed that an all white jury would be ineffective if Simpson were to be found guilty (Thernstrom & Fetter 1996). This outcome of the jury selection upset the Caucasian population because they felt as though the jury selection gave Simpson the upper hand in the trial regardless of the fact that the jury was majority female. The defense counsel was able to control the jury, in a sense through instilling in their minds that the LAPD was in fact racist. At the trial’s conclusion approximately 83% of blacks believed that Simpson was guilty, whereas only 37% of whites believed that Simpson was guilty (Thernstrom & Fetter 1996). These allegations also pushed the evidence collected from the crime to be discredited as well.

assistance of council, and procedural bars, venue, and jury selection, as well as potential racism by jurors. According to ( Tabak, 1999) “these reasons apply in cases in which the death penalty may be sought.” When illustrating the use of prosecutorial discretion two crime types that can be

The jury represents the voice of the people, regardless, juries are ethnically un-diverse, consist heavily of certain age groups and members of certain socioeconomic statuses. To ensure better representativeness, two specific reforms can be implemented. First, making avoiding jury duty more difficult. The list of excuses in the Act can be reduced to achieve this. Additionally, the reforms must address the racial diversity in juries. According to Israel, parties are likely to attempt to exclude Indigenous and other ethnic minorities from in the selection process (1998). However, for the jury to represent the voice of the people it must be racially diverse, as Australia is a very multicultural country. As a result, a possible reform is making it more difficult for the parties to object to certain jurors. To rectify the issue of a lack of competence in juries, a solution is to expand the kinds of cases that a judge-only trials. At present, for example, complicated tax and fraud cases require a judge-only trial. A reform is to make it possible for further kinds of cases to be added. An alternative reform is to allow an independent lawyer to explain issues to the jury outside of court sessions, rather than relying on the judges’ instructions alone. The lawyer could identify any misunderstandings and correct them. Overall, it is necessary for reforms to be put in place to address

Can racial bias have an effect on the verdict of being guilty or innocent? The American judicial courtroom has been comprised of the nation’s many greatest racial discriminatory cases over the past century, but the most racially upstanding case, when referring to Harper Lee’s To Kill a Mockingbird includes The Scottsboro Trials. Both stories uprise in the 1930s, displaying a white supremacist mindset, which two cases fall into the conviction of rape. The Scottsboro case started on a train to northern Alabama to southern Tennessee, when nine African American boys, ranging in ages from 13-19, allegedly raped two “innocent” Caucasian women, Victoria Price and Ruby Bates. Racial discrimination uprises in American judicial system when shown in To Kill a Mockingbird and The Scottsboro Trials through the racial prejudice within the jury in the courtroom, easy accessibility to target African Americans, biased accusations, as well as the social pressure to serve in one’s defense.

Racial disparity in the sentencing process of the criminal justice system also exists because of racial jurors. To eliminate the suspensions of racial disparity of racial jurors the jury will select at least one African-American to serve for the jury. A percentage of African-Americans oppose capital punishment (Tabak, 1999, p. 6). Prosecutors commonly discriminate against African-Americans during challenges of discretions and blatantly abuse the powers of prosecutors. Juries predominantly use more Whites in every trial is inappropriate on the levels of the criminal justice system. Americans have rights to a trial by jury of peers and has the right not to exclude minorities in the selection of a jury. Excluding minorities in a jury of an individual’s peers is a violation of an objective and fair trial for a defendant.

and updated along with the change of the time and society, and jury system is

The intersection of racial dynamics with the criminal justice system is one of longstanding duration. In earlier times, courtrooms in many jurisdictions were comprised of all white decision-makers. Today, there is more diversity of leadership in the court system, but race still plays a critical role in many

Despite the efforts of lawyers and judges to eliminate racial discrimination in the courts, does racial bias play a part in today’s jury selection? Positive steps have been taken in past court cases to ensure fair and unbiased juries. Unfortunately, a popular strategy among lawyers is to incorporate racial bias without directing attention to their actions. They are taught to look for the unseen and to notice the unnoticed. The Supreme Court in its precedent setting decision on the case of Batson v. Kentucky, 476 U.S. 79 (1986), is the first step to limiting racial discrimination in the court room. The process of selecting jurors begins with prospective jurors being brought into the courtroom, then

In modern-day America the issue of racial discrimination in the criminal justice system is controversial because there is substantial evidence confirming both individual and systemic biases. While there is reason to believe that there are discriminatory elements at every step of the judicial process, this treatment will investigate and attempt to elucidate such elements in two of the most critical judicial junctures, criminal apprehension and prosecution.

In the book Just Mercy: A story of Justice and Redemption by Bryan Stevenson, there are several topics discussed regarding the American Justice system. One of those many topics discussed is regarding how a person’s race, social status and income, may influence the outcome of a court trail. In present day America, many years after the era of Jim crow and segregation the Justice system still seems to be more lenient towards white Americans, especially those with high income and a good standing in society. The American justice system has become unjust in the trials deemed to be fair, due to an evident prejudice against minorities, their social status and whether or not they receive a well off or poor income.

Few in this country would argue with the fact that the United States criminal justice system possesses discrepancies which adversely affect Blacks in this country. Numerous studies and articles have been composed on the many facets in which discrimination, or at least disparity, is obvious. Even whites are forced to admit that statistics indicate that the Black community is disproportionately affected by the American legal system. Controversy arises when the issue of possible causes of, and also solutions to, these variations are discussed. It’s not just black versus white, it is white versus white, and white versus oriental, whatever the case may be, and it is not justice. If we see patterns then the judges should have the authority to say something. Jury nullifications cannot be overturned regardless of the cause. Exclusionary rule, according to CULS (2010) – Prevents the government from using most evidence gathered in violation of U.S. Constitution; like unreasonable search and seizure (Fourth Amendment).

Similarly, there is need to examine whether race plays a role in determining if one is convicted or released. This is because an all-white bench convicted Hunt, who is of African American descent, of a crime he did not commit. Whether racial prejudice plays any role in our criminal and justice system needs critical examine since the law should be fair and equal before all. A non-discriminative judicial system will enhance public trust and eliminate cases of wrongful conviction.

Sommers, S. (2009, January 1). On the Obstacles to Jury Diversity. In www.thejuryepert.com. Retrieved November 29, 2014, from

The author of this article is Cornelia Grumman won the Pulitzer Prize in 2003 and found the organization the First Five Years Fund where she advocated for stronger federal policies. The audience she could be targeting would be the government to create stricter guidelines when imposing capital punishment. The purpose of this article is to give awareness of how race can create bias factors in the justice system. It has been commonly seen