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Count Zarth
06-02-2010, 10:19 PM
Hoorah for the confederacy!

http://www.nytimes.com/2010/06/02/us/02jury.html

Study Finds Blacks Blocked From Southern Juries

In late April in a courthouse in Madison County, Ala., a prosecutor was asked to explain why he had struck 11 of 14 black potential jurors in a capital murder case.

The district attorney, Robert Broussard, said one had seemed “arrogant” and “pretty vocal.” In another woman, he said he “detected hostility.”

Mr. Broussard also questioned the “sophistication” of a former Army sergeant, a forklift operator with three years of college, a cafeteria manager, an assembly-line worker and a retired Department of Defense program analyst.

The analyst, he said, “did not appear to be sophisticated to us in her questionnaire, in that she spelled Wal-Mart, as one of her previous employers, as Wal-marts.”

Arguments like these were used for years to keep blacks off juries in the segregationist South, systematically denying justice to black defendants and victims. But today, the practice of excluding blacks and other minorities from Southern juries remains widespread and, according to defense lawyers and a new study by the Equal Justice Initiative, a nonprofit human rights and legal services organization in Montgomery, Ala., largely unchecked.

In the Madison County case, the defendant, Jason M. Sharp, a white man, was sentenced to death after a trial by a jury of 11 whites and one black. The April hearing was the result of a challenge by defense lawyers who argued that jury selection was tainted by racial discrimination — a claim that is difficult to prove because prosecutors can claim any race-neutral reason, no matter how implausible, for dismissing a juror.

While jury makeup varies widely by jurisdiction, the organization, which studied eight Southern states — Alabama, Arkansas, Florida, Georgia, Louisiana, Mississippi, South Carolina and Tennessee — found areas in all of them where significant problems persist. In Alabama, courts have found racially discriminatory jury selection in 25 death penalty cases since 1987, and there are counties where more than 75 percent of black jury pool members have been struck in death penalty cases.

An analysis of Jefferson Parish, La., by the Louisiana Capital Assistance Center found that from 1999 to 2007, blacks were struck from juries at more than three times the rate of whites.

In North Carolina, at least 26 current death row defendants were sentenced by all-white juries. In South Carolina, a prosecutor said he struck a black potential juror because he “shucked and jived” when he walked.

Studies have shown that racially diverse juries deliberate longer, consider a wider variety of perspectives and make fewer factual errors than all-white juries, and that predominantly black juries are less likely to impose the death penalty.

Excluding jurors based on race has been illegal since 1875, but after Reconstruction, all-white juries remained the norm in the South.

“It really made lynching and the Ku Klux Klan possible,” said Christopher Waldrep, a historian at San Francisco State University and the author of a forthcoming book about a lawyer who was able, in a rare case, to prove jury discrimination in Mississippi in 1906. “If you’d had a lot of black grand jurors investigating crimes, it would have made lynching impossible.”

Back then, judges and prosecutors often argued that blacks lacked the intelligence or education to serve. That such claims persist is evidence, said Bryan A. Stevenson, the executive director of the Equal Justice Initiative, that jury selection remains largely unscrutinized.

“There’s just this tolerance, there’s indifference to excluding people on the basis of race, and prosecutors are doing it with impunity,” Mr. Stevenson said. “Unless you’re in the courtroom, unless you’re a lawyer working on these issues, you’re not going to know whether your local prosecutor consistently bars people of color.”

In jury selection, potential jurors are first dismissed for cause — reasons like scheduling conflicts or opposition to the death penalty. Then, both sides can ask questions and take turns dismissing jurors using what are called peremptory strikes (the number of strikes varies by state, but it is often enough for one side to eliminate all qualified minorities).

In a 1986 case, Batson v. Kentucky, the Supreme Court ruled that if a pattern of discrimination emerged during peremptory strikes, lawyers must provide nonracial reasons for their strikes. The reason does not have to be “persuasive, or even plausible,” the Supreme Court ruled in a later case in which a prosecutor said he dismissed one black juror because he had long hair, and another because he had a goatee, saying, “I don’t like the way they looked.” It is up to the judge to decide if there was deliberate discrimination.

That is a high bar, defense lawyers say — so high that in Tennessee and North Carolina, there has never been a successful reversal based on Batson.

“Anybody with any sense at all can think up any race-neutral reason and get away with it,” said Stephen B. Bright, a capital defense lawyer in Atlanta.

Prosecutors have claimed to strike jurors because they live in high-crime neighborhoods, are unemployed or are single parents. In one Louisiana case, a judge allowed a black juror to be dismissed because the prosecutor said he “looked like a drug dealer.”

Often, a defense lawyer’s challenge is based on showing that white jurors who answered questions the same way or had the same characteristics were not struck. For example, in the Sharp case, Mr. Broussard said that because one juror was studying to be a minister, she “was not the kind of juror we were looking for.” But a white man who was a minister was allowed to serve.

Mr. Broussard did not respond to requests for comment, but Stephen Wimberly, the first assistant district attorney in Jefferson Parish, said that of more than 2,000 jury trials since 1997, only two had been reversed because of discrimination. “The legal standard is not representation of any race or gender, but the fairness and impartiality of each respective juror,” Mr. Wimberly said.

In one Mississippi case, a black man, Curtis Flowers, was sentenced to death in 2004 for killing four furniture store employees. The jury was made up of 11 whites and one black after prosecutors used all 15 of their peremptory strikes on black jurors. Montgomery County, where the crime occurred, is 45 percent black. The Mississippi Supreme Court reversed the case, noting that “racially motivated jury selection is still prevalent 20 years after Batson.”

At a retrial, in which prosecutors did not seek the death penalty, the jury of seven whites and five blacks was split along racial lines, resulting in a hung jury. At the second retrial, prosecutors sought the death penalty, which eliminated more blacks from the pool of qualified jurors. The jury, nine whites and three blacks, hung again when one black member declined to convict, said Andre De Gruy, the director of the state’s Office of Capital Defense Counsel.

The Equal Justice Initiative study argues that jury diversity “is especially critical because the other decision-making roles in the criminal justice system are held mostly by people who are white.” In the eight Southern states the study examined, more than 93 percent of the district attorneys are white. In Arkansas and Tennessee, all of them are white.

ClevelandBronco
06-02-2010, 11:20 PM
...In the eight Southern states the study examined, more than 93 percent of the district attorneys are white...

I wonder what percentage of the law degrees in those states are held by whites.

HonestChieffan
06-03-2010, 06:16 AM
White congressional candidate wants to participate in forum, but is told she can’t because she’s not black

By Alex Pappas — The Daily Caller | Published: 06/02/10 at 12:37 PM | Updated: 06/02/10 at 6:26 PM




Because Liz Carter is white, she’s banned from debating Democrat Rep. Hank Johnson and the other black candidates running for his Georgia congressional seat at a candidate forum in Atlanta tonight.

The forum, moderated by Newsmakers Live, is solely for the black Republicans and Democrats running for Johnson’s 4th Congressional District seat, Carter took to the Internet to say.

Carter, a Republican, expressed her disappointment on Twitter Wednesday, asking, “What happened to diversity?”

“We called them, we asked to participate,” said Carter’s campaign manager, Cheryl Prater. But she said Newsmaker Live’s event moderator, Maynard Eaton, told the campaign that because Carter is white, she’s only allowed to sit in the audience and not participate.

Newsmakers Live is a black media organization, which according to its website has a “global urbane perspective” and publishes a weekly journal and video show that “embodies a unique ‘infotainment’ concept that specializes in intense interviewing of prominent personalities and political figures.” Its website includes videos titled, “Are Black Babies An Endangered Species,” and “Moving African-American Businesses to the Next Level.”

Maynard, the editor-in-chief of Newsmakers Live, did not immediately respond to a request for comment by e-mail. But a flier advertising the event’s guests only shows the photos of the three black Democrats and one black Republican running for the seat: Hank Johnson,Vernon Jones and Connie Stokes, all Democrats, and Republican candidate Cory Ruth.

“By inviting this black Republican, they’ve made it racial,” said Prater. There are a couple other white candidates who were not invited to the program, Prater said.

Carter, she said, has worked to garner black support in the heavily black district and was endorsed by the College Republicans at Atlanta’s predominantly black Morehouse College.

Tonight the candidate will at least make an attempt to get on stage. “We’re showing up,” Prater said.

This reliably Democratic district congressional district has been the subject of embarrassment over the years, as firebrand conspiracist Cynthia McKinney once held the seat. Among Johnson’s gaffes, he became an Internet sensation this year by suggesting, on camera during a congressional hearing, that the island of Guam could “tip over and capsize” due to overpopulation.

Georgia’s primary is on July 20.



Read more: http://dailycaller.com/2010/06/02/white-congressional-candidate-wants-to-participate-in-forum-but-is-told-she-can’t-because-she’s-not-black/#ixzz0pn8gTTcs

InChiefsHell
06-03-2010, 09:01 AM
White congressional candidate wants to participate in forum, but is told she can’t because she’s not black

By Alex Pappas — The Daily Caller | Published: 06/02/10 at 12:37 PM | Updated: 06/02/10 at 6:26 PM




Because Liz Carter is white, she’s banned from debating Democrat Rep. Hank Johnson and the other black candidates running for his Georgia congressional seat at a candidate forum in Atlanta tonight.

The forum, moderated by Newsmakers Live, is solely for the black Republicans and Democrats running for Johnson’s 4th Congressional District seat, Carter took to the Internet to say.

Carter, a Republican, expressed her disappointment on Twitter Wednesday, asking, “What happened to diversity?”

“We called them, we asked to participate,” said Carter’s campaign manager, Cheryl Prater. But she said Newsmaker Live’s event moderator, Maynard Eaton, told the campaign that because Carter is white, she’s only allowed to sit in the audience and not participate.

Newsmakers Live is a black media organization, which according to its website has a “global urbane perspective” and publishes a weekly journal and video show that “embodies a unique ‘infotainment’ concept that specializes in intense interviewing of prominent personalities and political figures.” Its website includes videos titled, “Are Black Babies An Endangered Species,” and “Moving African-American Businesses to the Next Level.”

Maynard, the editor-in-chief of Newsmakers Live, did not immediately respond to a request for comment by e-mail. But a flier advertising the event’s guests only shows the photos of the three black Democrats and one black Republican running for the seat: Hank Johnson,Vernon Jones and Connie Stokes, all Democrats, and Republican candidate Cory Ruth.

“By inviting this black Republican, they’ve made it racial,” said Prater. There are a couple other white candidates who were not invited to the program, Prater said.

Carter, she said, has worked to garner black support in the heavily black district and was endorsed by the College Republicans at Atlanta’s predominantly black Morehouse College.

Tonight the candidate will at least make an attempt to get on stage. “We’re showing up,” Prater said.

This reliably Democratic district congressional district has been the subject of embarrassment over the years, as firebrand conspiracist Cynthia McKinney once held the seat. Among Johnson’s gaffes, he became an Internet sensation this year by suggesting, on camera during a congressional hearing, that the island of Guam could “tip over and capsize” due to overpopulation.

Georgia’s primary is on July 20.



Read more: http://dailycaller.com/2010/06/02/white-congressional-candidate-wants-to-participate-in-forum-but-is-told-she-can’t-because-she’s-not-black/#ixzz0pn8gTTcs

Um, only white people can be racist dude. Geeeez...;)

Chief Henry
06-03-2010, 02:23 PM
I have not heard of white history month.

blaise
06-03-2010, 02:29 PM
It's just as much alive in every other part of the country. There's just as many racists in NY as there is in Georgia.

KC native
06-03-2010, 03:07 PM
It's just as much alive in every other part of the country. There's just as many racists in NY as there is in Georgia.

um, no. I grew up in KC and can say without reservation that there are definitely more racists and racism in Texas than KC.

KC native
06-03-2010, 03:08 PM
White congressional candidate wants to participate in forum, but is told she can’t because she’s not black

By Alex Pappas — The Daily Caller | Published: 06/02/10 at 12:37 PM | Updated: 06/02/10 at 6:26 PM





Read more: http://dailycaller.com/2010/06/02/white-congressional-candidate-wants-to-participate-in-forum-but-is-told-she-can’t-because-she’s-not-black/#ixzz0pn8gTTcs

Retarded post is retarded.

Are you seriously trying to equate a debate with jury selection?

CoMoChief
06-03-2010, 03:25 PM
I have not heard of white history month.

That's because we have 11 of them, every month except Feb.

(buh-dump....bing!!!)

Chiefs Rool
06-03-2010, 09:49 PM
this ain't news, lol. The South is as racist as it gets, both ways. But it's not like most black people aren't racist themselves. I'm sick of hearing that it's only racist when whites do it, but no big deal when the blacks do it and they are allowed to do it publicly with no problem.

banyon
06-03-2010, 10:15 PM
I'm skeptical of the numbers used in these studies.

11 of 14 in one case? That's a pretty small sample. That means he left 3 on also. In Kansas, if you try a capital case, you have to qualify 36 jurors. It is like this in most states. So, 36-14= 22, and this court struck 13/22 white people as well.

Now demographically speaking (and I run into this all the time) minorities are also far more likely to contain persons who you've actively prosecuted in the past or who have records. Those are the facts. I am going to move to strike those people, unless I have a really good reason from my juries, whatever race they are.

The seminal case on this subject, Batson v. Kentucky, requires that if I strike a person of a different race than the defendant, that I have a rational reason for doing so. I am comfortable with that standard, and I don't think this article shows that Batson was violated.

Also, how did they come up with the idea that "fewer factual errors were made" by diverse juries? We never know if a guilty person was let go, that isn't subject to testing of any sort that I'm aware of.

Reaper16
06-03-2010, 11:04 PM
this ain't news, lol. The South is as racist as it gets, both ways. But it's not like most black people aren't racist themselves. I'm sick of hearing that it's only racist when whites do it, but no big deal when the blacks do it and they are allowed to do it publicly with no problem.
Most?

Rain Man
06-03-2010, 11:18 PM
Now demographically speaking (and I run into this all the time) minorities are also far more likely to contain persons who you've actively prosecuted in the past or who have records. Those are the facts. I am going to move to strike those people, unless I have a really good reason from my juries, whatever race they are.

Interesting. That never would've occurred to me.


Also, how did they come up with the idea that "fewer factual errors were made" by diverse juries? We never know if a guilty person was let go, that isn't subject to testing of any sort that I'm aware of.

Good catch.




Maybe it's an old wive's tale, but I thought the common wisdom was that African Americans were disproportionately inclined to side with criminal defendants and with the littlest guy in lawsuits. So prosecutors and corporate lawyers are more inclined to kick them off juries and defenders and non-corporate lawyers are more inclined to keep them on. If that's true, you'd expect to see a balance in who gets kicked off and who doesn't.

If there's not a balance, then it means that prosecutors in this case are concerned about race, but defenders disagree that it's an important factor. Otherwise, defenders would be disproportionately kicking whites off and the two forces would even out.

blaise
06-04-2010, 03:29 AM
um, no. I grew up in KC and can say without reservation that there are definitely more racists and racism in Texas than KC.

I've lived in both KC and TX and NY and Georgia and I disagree. People are people.

Baby Lee
06-04-2010, 06:45 AM
Also, how did they come up with the idea that "fewer factual errors were made" by diverse juries? We never know if a guilty person was let go, that isn't subject to testing of any sort that I'm aware of.

Those aren't factual errors, it's culturally subconscious exercise of compassion.

KC native
06-04-2010, 03:23 PM
AHHAHAHAHAHAHAHA another neg rep from tom for this thread. Hi Tom! ROFL

Dave Lane
06-04-2010, 03:37 PM
Anyone that doesn't believe racism is still rampant is fooling themselves.

ClevelandBronco
06-04-2010, 03:41 PM
Anyone that doesn't believe racism is still rampant is fooling themselves.

Now all you need to do is find someone who does believe that and you'll have a point.

Detoxing
06-04-2010, 03:42 PM
Anyone that doesn't believe racism is still rampant is fooling themselves.

Pretty much. It doesn't matter if your white, black, mexican.....this world is just full of hate. People need someone/something to hate.

It'll never end. Misplaced hate makes disgrace to races.

MOhillbilly
06-04-2010, 03:48 PM
14 words.

i dont know what it is i laugh everytime i post this crap. 14/88!!!! hahaha

Dave Lane
06-04-2010, 03:57 PM
Now all you need to do is find someone who does believe that and you'll have a point.

You are blind, deaf and dumb if you think this is not true.

stevieray
06-04-2010, 04:10 PM
Anyone that doesn't believe racism is still rampant is fooling themselves.
and on display thorugh your victim narrative.

vailpass
06-04-2010, 04:29 PM
You are blind, deaf and dumb if you think this is not true.

Are your stigmata bleeding right now?

Dave Lane
06-04-2010, 04:36 PM
Actually guys, denial is not a river in Egypt.

RJ
06-04-2010, 04:39 PM
FWIW, in my experience big northern cities are far more segregated than smaller towns in the south.

vailpass
06-04-2010, 04:53 PM
Actually guys, denial is not a river in Egypt.

You did NOT just say that.

Rain Man
06-04-2010, 05:26 PM
You did NOT just say that.

Are you denying that he said that?

Dan00b ain't just a river in Eastern Europe. (That has nothing to do with the thread, but I've never had a chance to say it before.)

KC native
06-04-2010, 05:27 PM
Are you denying that he said that?

Dan00b ain't just a river in Eastern Europe. (That has nothing to do with the thread, but I've never had a chance to say it before.)

ROFL

HonestChieffan
06-04-2010, 09:58 PM
If racism didn't work, then Obama, Sharpton, Jackson and the rest of those clowns wouldn't play the race card at the drop of a ht. Its all part of their scam....keep races divided and Push, LaRaza, Operation Rainbow, Acorn and the rest are in the money. In my experience some of the most vocal and committed racists are in the non white groups.

See Chip on shoulders

Mr. Kotter
06-04-2010, 10:05 PM
If racism didn't work, then Obama, Sharpton, Jackson and the rest of those clowns wouldn't play the race card at the drop of a ht. Its all part of their scam....keep races divided and Push, LaRaza, Operation Rainbow, Acorn and the rest are in the money. In my experience some of the most vocal and committed racists are in the non white groups.

See Chip on shoulders

Affirmative Action's time may have come and gone...

But to pretend that all is well, and to discredit all who strive for real equality, because of leftwing whack job "extremists" who are no more extreme, really, than the right wing talk radio nutjobs that so many ideological conservative extremists worship....well, is just plain stupid. Stupid is, as stupid does though, I guess.

Dave Lane
06-04-2010, 10:05 PM
I see yours HCF

Dave Lane
06-04-2010, 10:07 PM
Affirmative Action's time may have come and gone...

But to pretend that all is well, and to discredit all who strive for real equality, because of whack job "extremists" who are no more extreme, really, than the right wing talk radio nutjobs that so many ideological conservative extremists worship....well, is just plain stupid. Stupid is, as stupid does though, I guess.

Please don't try to reason with them, I want to Yangtze river these guys :)