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Jury nullification cja 344
The document discusses jury nullification and whether ethnicity influences courtroom proceedings. It provides background on two issues regarding race and the criminal justice system: that minorities receive harsher sentences than whites, and dissatisfaction with public defender services and plea bargaining. The document also discusses a case where three teens were acquitted of serious charges in the beating death of a Mexican immigrant, which elicited cheers. Scholars are discussed who view ethnicity-based jury nullification as either a way to vote against injustice or as a danger to society.
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Jury nullification cja 344
- 1.
- 2. http://ppc.unl.edu/userfiles/file/Documents/projects/IndigencyScreenerProject/RacialEthnicBiasin theCourts.pdf Does ethnicity influencecourtroom proceedings and judicial practices? Two dominant issues concerning race and the criminal justice system: • Public perception that minorities receive harsher sentences than whites, for all types of punishment (Neely, 2009). • Dissatisfaction with low-income legal services; reliance on public defender services; and dissatisfaction with the plea-bargaining system(Neely, 2009). 2
- 3. “One has notonly a legal but a moral responsibility to obey just laws. Conversely, one has a moral responsibility to disobey unjust laws.” ― Martin Luther King, Jr. 3 Does this represent ethnicity-based nullification? (National Geographic)
- 4. 4 What is jurynullification? (Littau, 2013)
- 5. Sen. Greg Brophy(R-Wray) response to HB 1224?, the bill that would limit magazines to 15 rounds: “I will willfully and purposefully and civilly disobey this law (Littau, 2013).” Sen. Brophy continues: “There is one last line of defense, something each and everyone of us can do to stop these laws as individuals: jury nullification (Littau, 2013).” Bottom line Sen. Brophy contests he would not be breaking a law “…but the law violated Sen. Brophy’s natural right to bear arms (Littau, 2013).” 5 Just Say “No” to Bad, Immoral, and Unjust Laws by Saying “Yes” to Jury Duty Sen. Greg Brophy (Littau, 2013) (Colorado General Assembly)
- 6.
- 7.
- 8. Teens charged inbeating that killed Mexican national in Shenandoah (Associated Press, 2009) 8 Murder victim Luis Ramirez and his fiancée, Crystal Dillman, celebrate a family birthday with daughter Kiara, 2, and her half-sister Anjelina, 3. (Courtesy of Crystal Dillman) Brandon Piekarsky, 16 (Associated Press, 2009) Colin Walsh, 17 (Associated Press, 2009) Derrick Donchak, 18 (Associated Press, 2009)
- 9. 9 Luis Ramirez liesin his hospital bed hours before his death at Geisinger Medical Center in Danville, Pa. (Associated Press, 2009) All three teens were acquitted of all serious charges, “a decision that elicited cheers and claps from the defendants' families and friends (Associated Press, 2009).”
- 10. 10 Paul Butler Professor ofLaw B.A., Yale; J.D., Harvard Ethnicity-based jury nullification as vote against injustice.
- 11. 11 Ethnicity-based jury nullificationas danger to society. Keith Watters (Keith Watters & Associates)
- 12. 12 Amendment VI In allcriminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence. (US Congress)
- 13.
- 14. 14 Associated Press. (2009,May 2). Teens Acquitted of Serious Charges in Beating Death of Mexican Immigrant. Retrieved from Fox News: http://www.foxnews.com/story/0,2933,518686,00.html Colorado General Assembly. (n.d.). Senator Greg Brophy. Retrieved April 12, 2013, from Colorado Senate District 1: http://www.leg.state.co.us/clics/clics2013a/directory.nsf/MemberDetailPage?OpenForm&distri ct=01&chamber=senate Georgetown Law. (n.d.). Profile Paul Butler. Retrieved April 13, 2013, from GerogetownLaw: http://www.law.georgetown.edu/faculty/butler-paul.cfm Keith Watters & Associates. (n.d.). About Mr. Watters. Retrieved April 13, 2013, from Keith Watters & Associates: http://www.keithwattersandassociates.com/Law-Firm-About-Mr-Watters- Washington-DC.html King, M. L. (n.d.). Martin Luther King quotes photos. Retrieved April 16, 2013, from photobucket: http://media.photobucket.com/user/bipolaralilbit/media/San%20Diego%20Sights/CIMG2021.jp g.html?filters%5Bterm%5D=martin%20luther%20king%20quotes&filters%5Bprimary%5D=image s&filters%5Bsecondary%5D=videos&sort=1&o=10#/user/bipolaralilbit/media/San%20Diego%20 Littau, S. (2013, March 13). Just Say “No” to Bad, Immoral, and Unjust Laws by Saying “Yes” to Jury Duty. Retrieved from United Liberty: http://www.unitedliberty.org/articles/12980-just-say-no-to-bad- immoral-and-unjust-laws-by-saying-yes-to-jury-duty National Geographic. (n.d.). Martin King. Retrieved April 16, 2013, from National Geographic: http://kids.nationalgeographic.com/kids/photos/gallery/martin-luther-king-jr/#/05-martin-king- 010909_14089_600x450.jpg Bibliography
Editor's Notes
- #3 Yes, ethnicity has an impact on the court system. In 2004, a University of Nebraska student conducted studies on the non-whites perception of the criminal justice system. Two dominant issues were identified (Neely, 2009).
- #4 Does this represent ethnicity-based nullification?OR do we assume this is racial because Dr. King is black?
- #6 The is a non-ethnic example of nullification.As of 13 MARCH 2013, the Colorado Senate is addressing laws to reduce the impact of guns on society. Issue HB 1224 is a bill which limits the number of rounds per magazine (Littau, 2013).
- #7 Paul Butler, says that jurors should acquit black men of non-violent crimes. Prisons are a place that society stores people with personal problems such as race, lack of education, lack of money, etc. Now society does not have to deal with them, they are locked-up and forgotten. There is no rehabilitation.(Georgetown Law)
- #8 Keith Watters was elected president of the Washington Bar Association in 1988, the National Bar Association in 1996, and the Bar Association of the District of Columbia in 2006. Warns that these convicts will come back to society we must do something to rehabilitate them. He continues to say, we should focus on all communities and create a truly color blind police force. It appears that Mr. Butler is in agreement by nodding his head.(Keith Watters & Associates)
- #9 In ShenandoahPennsylvania, 3 teens brutally beat Luis Ramirez. The Associated Press reported the beating as a Mexican hate crime (Associated Press, 2009).Do you these kids will receive justice, especially when the crime is motivated by hatred?
- #10 All three teens were acquitted of all serious charges, “a decision that elicited cheers and claps from the defendants' families and friends (Associated Press, 2009).” Read more: http://www.foxnews.com/story/0,2933,518686,00.html#ixzz2QL2W6JgIAn all white jury and a white prosecutor, whom denied any wrong doing in the court room (Associated Press, 2009).
- #11 Ethnicity-based jury nullification can have a positive influence as stated by Mr. Butler; he challenged to place a vote against the act of social injustice not against the action of a criminal.
- #12 Ethnicity-based jury nullification can have a negative influence as stated by Mr. Watters; he challenged that further segregation would harm society, all persons in all communities should be held accountable for crimes committed. The police force should be a color-blind entity.
- #13 How do I feel about jury nullification?The letter of the law is stated clearly: impartial jury.The spirit of the law is not so clear.Perhaps we should take heed to Dr. King’s words:
- #14 What do you think?