Race-based Jury Nullification
Cultural Diversity in Criminal Justice
Race-based Jury Nullification
Racial differences within the court system of the United States can create various interpretations of laws and the impartiality of such laws. Minorities within this country may believe that the criminal justice system has prejudices and may dismiss the legality of certain laws. Jury nullification is a process in which members of the jury exonerate a person of a guilty verdict although the evidence presented in the case overwhelmingly proves the person’s guilt. People within the jury may believe the laws are not fair, do not apply to the particular case, or they may empathize with the defendant (McNamara & Burns, 2009).
Some
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The United States of America v. Marion S. Barry, Jr. After months of denying rumors and accusations of his drug use, former mayor of Washington, DC, Marion S. Barry, Jr., was caught engaging in illegal drug activity in a Federal Bureau of Investigation (FBI) sting operation. The veteran mayor 's crime was caught on video tape by federal agents. On the night of January 18, 1990, FBI agents arrested Barry and brought him before a federal magistrate on misdemeanor drug charges of buying and selling crack-cocaine. Barry 's ex-girlfriend, former model Rasheeda Moore was a cooperating government witness in the FBI undercover operation. Moore allegedly lured the mayor to a hotel rendezvous for romance and drugs. Prior to Barry and Moore 's engagement, the FBI installed a hidden camera in the Washington, DC, hotel room. The camera provided United States attorneys and FBI agents with a real-time video feed of the events taking place in the hotel room (CBS Interactive, 1990). United States Attorneys and FBI agents watched as the mayor gave Moore money to purchase cocaine. Unbeknownst to Barry, Moore left the hotel room and purchased crack-cocaine from an undercover FBI agent standing-by at the scene. Upon Moore 's return, Marion Barry inhaled the crack-cocaine using a smoking apparatus. Immediately after this, FBI agents burst into the hotel room to make the arrest. A United States attorney holds that the set-up was
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
When looking at illegal actions and activities, also known as crimes, people of all color commit them. Whether people commit lesser or more excessive crimes, the action will be committed by a multitude of races. People of all colors are able to achieve the standards that have been set by society. When looking at the statistics, the evidence shows that people of color, especially African Americans tend to get harder and more solemn charges for the crimes that they have committed. What people might not notice is that there is a racial bias in the judicial system. That bias is changing the outcome of indictments. With all of the change going on in the United States of America, one untouched subject is the racial bias in the judicial system. If a change does not occur now, then when will there ever be a change? There is a racial bias in the judicial system, and a change needs to occur now.
Evidence of Mr Thomas’ involvement in the sale of illegal drugs were being monitored by undercover police. Then, on 8 January 2015, a search warrant enabled police to enter Mr Thomas’ premises in which they found a glass pipe, scales, $1000 in cash, a mobile phone, small Ziploc bags and the drug, crystal methamphetamine. All these instruments indicated Mr Thomas was a supplier and user of the dangerous and illegal drug.
“During the investigation, officers recovered more than 20 firearms, over 40 grams of crack cocaine, more than 100 grams of powder cocaine, marijuana, ecstasy pills, and nearly $2,500” (United States Attorney’s Office).
The many adversaries he faced were a push and pull situation for him. In an interview with Lloyd Grove, from “The daily beast”, Marion Barry explains his past as a “Stormy week”. When it rains it pours, but by the end of the week he is always on his knees praying to God and for mercy. Surviving several near death experiences and repercussions, 1983 was the beginning of his “stormy” weather. Being accused of using cocaine was only the start of the notorious “This is it” scandal. The FBI put together a sting operation where they found him with several women other than his wife on multiple occasions. He was also caught on video smoking crack cocaine at a hotel with his former girlfriend. Barry was investigated for 6 years for suspicion of illegal drug possession; he was arrested on January 18, 1990 for possession of crack cocaine. During his trial, his lawyer claimed that he used cocaine occasionally but was only convicted of one of the 14 charges that were filed against him. Barry later appeared on MSNBC’s Daily Rundown claiming that he “never smoked cracked, simple as that, there was no proof.” One juror also said that he believed that “the government was out to get him.” At the end of trial, the mayor was sentenced to 6 months in prison in October, 1990 during the campaign to become DC council
The investigation of Rita Crundwell started with a tip from the interim Controller of the city of Dixon, Kathe Swanson. She was taking the place of Rita Crundwell while Rita was partaking in an extended vacation. Swanson noticed a suspicious account called R.S.C.D.A., which stood for Reserve Sewer Capital Development Account. Large amounts of city funds were being deposited into this account, and there was no evidence that the money in this account was being used for city purposes. This is a major red flag to Swanson, who immediately took that information and reported it to the Mayor of Dixon, James Burke. Burke then contacted the FBI to further investigate the incident.
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).
Maryland police officers pulled a vehicle over for speeding at approximately 3am on 7 August 1999. The police officers found three men in the vehicle. The driver was Donte Partlow, the front seat passenger and defendant Joseph Pringle, and the backseat passenger Otis Smith. One of the police officers asked the owner and driver of the vehicle for his license and registration. When Partlow opened the glove box, the police officer observed a large amount of money in the glove box. The police officer checked for outstanding warrants and issued Partlow a warning. Then the officer asked for permission to search his vehicle. Upon searching the vehicle the police officer found the money he had seen earlier as well as five baggies of cocaine in-between the armrest and back seat. All three occupants in the vehicle were questioned and denied any knowledge or ownership of the cocaine. Subsequently all three men were arrested and brought back to the police station for questioning. Pringle waived his rights after being given a Miranda warning and confessed that the cocaine was his and he intended to sell it. He claimed that the other occupants in the vehicle had no knowledge of the drugs. At trial, Pringle moved to suppress his confession, claiming that it was the result of an illegal arrest. The court denied his motion, and
The police department did a follow up with the highly detailed tip they received. The defendants where watched closely and the officers did a follow up on the exact activities that they received from the anonymous tip. The officers gathered all the information they observed in doing the follow up, and received a warrant. The warrant allowed the officers to search the home and the defendant’s automobiles. The officer’s drug dogs found drugs, weapons and contraband in the defendants home and automobiles. Stated in the article, that the defendants made trips to Florida to bring back narcotics. Mader followed up on the tip and discovered that Lance had made a reservation to West Palm Beach. Lance was followed to the hotel, where he left with Sue in the family car back to Bloomingdale. The information that the officers gathered allowed them to provide evidence that the defendants where selling and bringing back drugs and with the tip, they were given a search warrant from the magistrate.
SUMMARY OF THE FACTS: An anonymous letter was sent to the Police Department of Bloomingdale. The letter included specific details involving a husband and wife. The letter stated that they were going to traffic drugs from Florida to Illinois. The police officer followed up on the tip and the defendants validated the allegations that were made. The police obtained a search warrant and found drugs, weapons and other contraband in the defendants’ home and automobile.
It was also the fact that whether or not the evidence was retrieved when the law enforcement illegally attached a tracking device to the vehicle could be used to convict Jones on drug charges who was sentence to life in prison. According to the Fourth Amendment citizens have the right to be secured in their houses, papers and effects against an reasonable searches and seizures shall not be violated an no warrants shall be issue upon probable cause supported by oath or affirmation and particularly describing the place to be searched and person or thing to be seized.
Facts: In Lexington, Kentucky, police officers followed a suspected drug dealer to an apartment building where he went. When they arrived outside of the door to the apartment where the suspect was they reportedly could smell marajuana. The police then knocked and shouted they they were there and in return they could hear what sounded like people destroying the evidence and running around. The police then knocked down the door and saw the respondent as well as drugs laying out without having to look anywhere. later the police found more drugs and paraphernalia doing a more in-depth search. “The Circuit Court denied respondent’s motion to suppress the evidence, holding that exigent
given throughout the 4 years was the possession of illegal substance- marijuana. Yes, the police
The selection process of juries was designed to select citizens that were equal peers of the person involved in the trial. However, many disparities exist and the selection process at times seems to be disproportionate relating to race or ethnicity. Reform of the legislature would benefit those that are not being properly served.
Criminal justice is another area of social inequality for minorities in the U.S. Getting a fair trial is difficult is one is accused of a crime that is a stereotype. If a minority is accused of rape, murder, theft, assault, or many other crimes, it may be hard to get a fair trial if the jury basis the evidence against stereotypes. Another aspect to this is that minorities are not given as many options as others. If they are in lower income areas, have less education or just less options general their chances of living a life of crime is high. Our human instincts