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... e blacks comprise 4. 5 % of the population countywide. The court maintained that the Sixth Amendment right of a fair trial does not limit governments ability to define the community from which jurors are selected. Albert J. Master, a Los Angeles Deputy Public Defender, stated that the decision on trial transfers conflicted with the historic American legal tradition of trying cases in the community where a crime occurred... giving the defendant a trial by peers and the immediate community a direct role in the case (Los Angeles Times, San Diego County Edition, Nov. 1989).
The African American people are a minority to begin with, but to take a black man and locate his trial in an area of even fewer blacks deserves some attention and reconsideration. White Americans dont worry about discrimination of this intent because they are the majority. Surely, few would argue that if a white man accused of robbing a black mans home was sent to trial in a predominately black county with an almost all black jury his chances of acquittal would be slim. Another decision by U.
S. District Judge Jack Tanner of Tacoma, on May 29, 1992, denied a request by federal public defender, Robert Mahler, to give him time to prove that minorities are under-represented in federal-court juries in Western Washington. Mahler asked for a 90 -day investigation to inspect records followed by two-weeks to file motions to dismiss the indictment or begin the proceeding on the grounds of racial discrimination involving a Mexican defendant on drug charges. He presented an affidavit stating that less than 5 percent of jury members have been African American, and fewer than 2 percent have been Hispanic even though the 1990 census showed a combined nonwhite population of more than 8 percent in the 10 counties from which the court draws jurors (The Seattle Times, May 1992).
Washington State chooses their jurors by voter registration, which limits the selection to only those citizens who vote. One may say that if someone is not registered to vote then they should not be on the jury to make legal decisions. That is not the idea behind a trial by jury. Not voting does not shelter you from what is going on in your community or neighborhood. A jury of peers is what our legal system states, not dedicated voters only. An alternative to selecting jurors would be drivers licenses.
There are more people who drive than vote. Many attorneys and legal scholars claim that an impartial jury is unattainable. The first step taken was to define peremptory challenges with more alertness to possible bias. The next step up for debate is whether the 200 year old tradition should be eliminated altogether. No decision has been made yet, but opinions have been widely spread on the matter. Peremptory challenges have become a cloak for discrimination and should be abolished, former Philadelphia Bar Association Chancellor Andre L Dennis told the city Human Relations Commission at a hearing on racial bias in the court system on October 13, 1998.
And Wanda E. Flowers, co-chair of the bar association task force, called for greater awareness of subtle racism which leads to unconscious discriminatory conduct (The Legal Intelligencer, Oct. , 1998). Many lawyers conclude that the peremptory challenges are long, drawn out, and arbitrary. An impartial jury is not the goal during voir dire. Attorneys are looking for people who are most likely to convict or not to convict. Peremptory challenges take away from the jury of ones peers.
Sifting through people to find the most qualified is not taking a random sample of the community. On the other side of the debate, Alan M. Rubenstein, a county District Attorney, says No matter what their race, ethnicity or gender, jurors bring their biases to the courtroom... and peremptorily are needed to sort out individuals who, in the lawyers judgment, will be overcome by their prejudices (The Legal Intelligencer, April, 1997). Not only do people experience different aspects of life that could interfere with their choices; many people are reluctant to answer probing questions during voir dire with honesty. They may feel as if they are put on the spot and respond differently than if they were under a more social setting.
The defense deserves the right to a trial as fair and impartial as possible. Random selections do not allow attorneys to identify possible bias due to past experiences. Through voir dire racial discrimination by the juror can be detected and removed. A person may not want to admit their prejudices against a certain group of people because of embarrassment, but peremptory challenges allow lawyers to dismiss those who are ambivalent about certain questions.
Abolishing peremptory challenges may not decrease racial motivation in the courtroom if only a few minorities are selected for the jury to begin with. The jury selection process in Delaware County was challenged before a Pennsylvania Supreme Court. Media practitioner Hugh J. Bracken argued that the jury pool misrepresented blacks and other minorities with respect to low incomes and young adults (The Legal Intelligencer, April, 1997). The court did not update their jury list, as required by law, which resulted in the failure to acquire current addresses of low income resident who tend to move more often than the affluent. Bracken claimed that only 6. 25 percent of those reporting for jury duty were black, although they made up 10. 2 percent of the county's population.
The ruling was not in favor of Bracken but the courts have changed trial practices in Delaware County. Because a Batson challenge may be made, attorneys have become more sensitive to the racial makeup of juries. The Batson case has put our judicial system a step forward in the right direction. There are ways around, for example, an attorney could come up with almost any reason other than a racial bias for dismissing a jury or a minority defendant could be tried in an area of the county that is predominately white. All we, as a society, can do is take one step at a time and review the rules as they confront us. Our legal system has a long way to go but yet, it has come a long way.
Bibliography: Abramson, Jeffrey (1994). Why jurors are wiser than judges The Economist, Nov. 12: pg. 117. Arkin, Marc (1996). Order in the Court City Journal, Vol. 6, No. 1: pg 13. Booth, William (1994) Bias and Race Still Pertinent As 3 rd Beckwith Trial Opens The Washington Post, Jan. 21: pg A 2.
Breck, David (1988) Peremptory Strikes after Batson v. Kentucky ABA Journal, April: 74 ABAJ 54. Bryant, Tim (1990) Convict wins Appeal; Cited Race Bias in Jury Selection St. Louis Post-Dispatch, Oct. 17: pg 3 A Eg elko, Bob (1999) Bias in jury selection gets harder to prove The San Diego Union-Tribune, June 29: pg A- 3... Gaudino, Marie (1997) Refusal to Ask Jurors About Racial Bias Is Harmless Error If Race Is Not a Factor in Case New Jersey Lawyer, June 23: pg 20. Hager, Philip (1989) Sharp Discord Marks Justices Rulings on Race Los Angeles Times, Nov. 2: Part A; pg 1; Column 3.
Hager, Philip (1986) Courts term marked by blows to race bias; justices ok affirmative action, ease challenges to discrimination in voting, pay, jury selection Los Angeles Times, July 4: Part 1; pg 1; Column 2. Lewis, Peter (1992) Judge Kills Bid To Study Race Bias In Jury Pools The Seattle Times, May 30: pg A 9. Marcus, Ruth (1991) High Court Bars Race Bias In Selection of Civil Juries; Ruling Says Skin Color No Test of Impartiality The Washington Post, June 4: pg A 1. Richard, Michael (1998) Dennis: Get Rid Of Challenges Without Cause The Legal Intelligencer, Oct. 14: pg 1. Smith, William (1997) Useful or Just Plain Unfair? The Debate Over Peremptories; Lawyers, Judges Split Over the Value of Jury Selection Method The Legal Intelligencer, April 23: pg 1.
Smith, William (1997) McMahon Plays Opposite Side of Batson Fence The Legal Intelligencer, April 9: pg 1. Stewart, David (1986) Court rules against jury selection based on race ABA Journal, July 1: 72 ABAJ 68. Zwillman, Blair and Albin, Barry (1999) Legislature Sould Defeat Proposal To Reduce Peremptory Challenges Nov. 29: pg 23. Batson v. Kentucky 476 U. S. 79 (1986).
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