Race and Jury: The Decision-Making of Juries and Race
When thinking of a jury, there is a belief that everyone is fair when it comes to making the decision of whether the person being accused of the crime is guilty or not guilty because of the person’s race. What if this belief is not necessarily correct? There have been many instances in whether race has been a factor when the jury makes a decision. According to Baskin, Goldstein, and Sommers (2014), there has been enough evidence to show that racial biases influences the decisions of a jury. In this paper, the articles will show how jury decision-making is influenced by the offender’s race.
Questioning Assumptions about Race, Social Class and Crime Portrayal: An Analysis of Ten Years of Law and Order Pop culture media, like Law and Order, has a way of showing people how crime is portrayed. Case (2013), mentions that past studies about the representation of crime in the media has increasingly shown fear to the public and portraying unrealistic standards of how crime is in the real world. Media likes to exaggerate how things truly are in the real world, which is why people believe what the media portrays. People will believe that everything they see in a television show can truly happen in the real world, which certain things can happen but not everything. If people end up believing in how the media portrays crime then people will be living in fear of their society being more violent than it actually is (Case, 2013). In
Hollywood scripts and television programming are filled with storylines of crime and criminal justice. The viewing public consumes crime
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.
America has been built on inequality and evolving forms of racism for generations. Our criminal justice system is a reflection of the structural racism that has and is permeating our country. The criminal justice system of the United States is not explicitly racist, however there are many internal and unspoken policies that enact a structural racism through policing and the courts, however, our criminal justice system shows more racial disparities than racism. The lenses of two individuals who have in some way experienced the criminal justice system show the internal issues revolving around race, In Nicole Gonzalez Van Cleeve’s work Crook County and Wilbert Rideau’s In the Place of Justice, we see how the structural racism and more so the racial disparities play huge roles in shaping the life outcomes for people of color.
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
While both sides of this deeply entrenched controversy substantiate meaningful claims, neither of their arguments is exhaustive, although Walker, Spohn, and DeLone’s case is much more convincing. African American arrest statistics are best understood as the convergence of both a somewhat higher incidence of crime as well as racial discrimination in the criminal justice system. Although higher incidence of crime may initially appear to justify higher arrest rates, there is significant evidence demonstrating that not only is African American crime exaggerated by a racially discriminatory criminal justice system (one of the products of which is disparate arrest rates), the greater crime rates in and of themselves are a result of economic inequality.
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).
White participants. We observed that there was a main effect with the race of the jury and the empathy felt by the jury for the victim. The empathy felt by the jury for the white victim when the jury was white (M = 5.781, SD =
Jury Nullification is the process that allows members of the juror to acquit a defendant for crimes they do not feel is grounds for punishment. Although, many jurors may not know this is an option to many cases, it is still an option. If citizens use this option in many of the courtroom proceedings, there will be fewer people who are serving time in prison. On the other hand, this does interfere with the decision- making process. This paper will explain whether ethnicity influences courtroom proceedings and judicial practices. It will summarize the arguments for and against ethnicity-based jury nullification. Including contemporary examples of
We’ve all heard it hundreds of times from people that the news and media is overdramatic. That is one of the biggest complaints about the media, but is it true? Scholarly articles have found that the news is in fact over dramatic about crime which induces public fear and may produce many myths about how much crime is actually happening in our society. As a broadcasting major, it is easy for me to see why the news would cover stories in such a dramatic way. These types of stories capture the users attention which means more people will watch your station resulting in advertising spots being worth more which in the end benefits the stations because they will make more money. Popular examples such as the “knockout game” and the Central Park jogger case both show just how much the media has an effect on society, copycat criminals and other crimes. Is the media overdramatic? Does the media cause higher public fear? What myths does the media create?
For hundreds of years’ race and crime in America has been an ongoing issue. Therefore, the criminal justice topic I am going to research throughout this paper will be regarding the different races and crimes that are most commonly committed and how each different race is treated in the criminal justice system also how they are each individually affected by the American justice system. I will discuss background information of each race as well as problems and issues they are currently facing today regarding the criminal justice system.
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.
The information that is put out through the mass media is filtered, so it not only has pieces missing, it also has bias reporting’s. Obviously, they want you to believe what they believe, so they are going to brainwash you into thinking that. When it comes to crime, we examine it the exact same way the media does. That’s the goal. The media has shaped our perception on crime and criminals, to the point where we do not bother asking ourselves, why is this wrong? Why are people being sent to prison? Why are there some people who are getting harsher penalties for trivial crimes? It is not completely our fault. We are programmed to not think these thoughts. Society thinks, ‘‘well there are people who
The public depends on the news media for its understanding of crime. Reportedly three quarters (76%) of the public say, they form their opinions about crime from what they see or read in the news (Dorfman & Schiraldi, 2001). After reviewing five hours of reality crime television shows, one is left with a very dismal look on society and a prejudice towards minorities as they are largely depicted as the perpetrators of crime. This new genre commonly referred to as reality television appears to be sweeping the nation by storm. Opinions vary, depending on whom you ask, to what extent reality plays a role versus the selling of a product. Sensationalism, advertising, ratings hype, profiling and fear all comprise the mass
In the courtroom, these stressors come out in full force. Although the Courts have “concluded that statistics alone do not prove that race enter[s] into any capital sentencing decision in any one particular case…” it is obvious that ethnicity becomes a factor (Ross 153). Countering the court’s argument, statistics have shown that in America, “blacks who killed whites were five and six times… more likely to be sentenced to death than whites who killed whites” (151). The reason for this is mainly due to jurors unintentionally letting race influence their decision making process. The in-group bias and ethnic boundaries described above cloud the jury’s judgment, seeking a stronger penalty for minority groups. Also, if the victim who was killed was someone with good
The importance given to certain crimes in the daily newspapers and other media sources shows us proof to the fact that crime is a topic that has the public’s interest and is a focus of their worries (Australian Bureau of Statistics, 2001). It goes on to discuss the fact that crime as reported on by the media increases the public’s levels of fears and that there is little or no correlation to actual levels of violent crime in our society today.