The document discusses race-based jury nullification, where jurors vote to acquit a defendant based on their race rather than the facts of the case. Both arguments for and against race-based jury nullification are presented. Examples of cases where race-based nullification may have occurred include the 1931 Scottsboro trial and the 1992 Rodney King beating trial. While race-based nullification could allow guilty offenders to go free or innocent people to be convicted based on biases, others argue it provides flexibility for community standards and has occurred historically.

1. Race-Based Jury NullificationCJA/344August 15, 2011Amberly Montoya, Curtis Sweed, David Green, Dennis Dewitt, Heather Feeley, & Michael Geist

2. The Fourteenth Amendment guarantees all persons due process and equal protection of the laws, and this has been applied to also mean that any person charged with a crime is afforded a jury of her or his peersA person should be judge on the bases of the law. Do we want a system that is flexible and affords a jury of peers some right to change the outcome of a trial based on what seems fair to their communityThe argument of race based jury nullification is because it is a practice that has been happening for years in this country. In the 1960’s many all white jurors were able to sentence a person of race because of the members on the jury. Why can not a all racial juror find a person a race not guiltyJury nullification has also appeared in the media, both observed by newspaper journalists and created by television series directors. Many believe that juries that racially identify with the criminal defendant and deliver a not guilty verdict—where the evidence appears to overwhelmingly point to guilt—have engaged in jury nullification.For Race-Based Jury Nullification

3. Against Raced-Based Jury NullificationDespite the burden of proof, some jurors elect not to convict or to convict a person based solely on their skin color.Jury Nullification is wrong but hard to avoid. In most cases, the prosecution, the defense team and the judge have the right to put a juror on the panel or dismiss them from jury duty. The line of questioning submitted by everyone is to ensure that the trial is fair.People should be committed for their criminal actions or acquitted for their lack of involvement in a criminal act. Looking pass the law and taking the role of a vigilante is not the letter of the law but applies to the moral of a single or group of people.The fourteenth amendment guarantees that everyone has a right to a fair trial, using jury nullification voids the terms of that agreement.

4. Pros & Cons of Race-Based Jury NullificationPros:Keeps guilty offenders incarcerated.Ensures that there are fair trials.Keeps one less criminal off the streets and from committing similar or the same crimes again.Cons:Has the possibility to set guilty offenders free.Jurors base their verdicts on their personal feelings instead of the facts presented to them by the court.Can create an extremely biased jury panel.

5. Examples of Race-Based NullificationsThe Scottsboro TrialIn 1931, nine African American teenaged males were charged with raping two females. This occurred when the African American males fought with white males. The nine males was arrested and convicted on rape charges which was punishable by death during the early 1930’s. Even after several appeals, only one of the nine men made it out of prison alive 15 years later after Alabama admitted they gave the youth a unfair case. This case was known as the Scottsboro trial.

6. Real-Life ExamplesThe Beating of Rodney King4 white officers were acquitted for use of excessive force.Their was a jury of 10 white people, 1 Hispanic and 1 Filipina personsRiots occurred because of the verdictJewish Scholar stabbed by Black MobIncident occurred 1991Man was stabbed after a Religious Jewish Motorcade ran over a young boy.Mainly African American juryJury members later found partying with Nelson

7. Real Life Examples

8. Real-World Examples

9. Setting an innocent person freeConvicting an innocent personThink with your head and not your heartYou were a family member of the victimTeam Position on Race-Based Jury Nullification

10. ReferencesHistory.com. (4/29/1992). Rodney King Trial Verdict Announced. Retrieved from http://www.history.com/this-day-in-history/rodney-king-trial-verdict-announcedLeo, J. (10/8/1995). The Color of the Law. US News . Retrieved from http://www.history.com/this-day-in-history/rodney-king-trial-verdict-announced