Posted on 06/13/2005 3:51:19 PM PDT by Hurricane Andrew
By HOPE YEN, Associated Press Writer1 hour, 10 minutes ago
The Supreme Court warned prosecutors on Monday to use care in striking minorities from juries, siding with black murder suspects in Texas and California who contended their juries had been unfairly stacked with whites.
Justice Clarence Thomas, the only black member of the high court, voted against both suspects.
The court used the cases to bolster its landmark 1986 decision barring prosecutors from disqualifying potential jurors based on their race.
"The court is sending a very strong message that racial discrimination in jury selection is not to be tolerated," said Stephen Bright, director of the Southern Center for Human Rights.
Justice Stephen Breyer suggested a radical change in the way juries are picked. He said that the only way to get discrimination out of jury selection may be to stop letting prosecutors and defense lawyers dismiss some potential jurors without giving a reason. That suggestion was made by the late Thurgood Marshall, the first black justice, and Breyer seemed to launch a lobbying effort for it.
(Excerpt) Read more at news.yahoo.com ...
An all white jury just let a child molestor off scott free. There is no justice in this country anymore.
Here in Buffalo, a black defendant has the right to pick an all black jury if he wants.
All jurors must now hide their identity so they won't be released from jury duty. Voice altered also.
Sure there is...how much would you like to buy?
How about a system where the first 12 on the list are it...no challenges go with what ya' got.
Exactly. There's only power, money and political interests. Ya ain't got that, ya ain't got nuttin.
The defendant doesn't exactly have the right to "pick" a jury. The defense and prosecution are presented with a jury pool, and pare it down to twelve. Each side tries to sit sympathetic jurors. If a defendent ends up with an sympathetic jury, the prosecution isn't doing its job.
.Mr El and his partner robbed the motel across from texas Stadium. In order to get away scott free they decided to kill the two night clerks. The clerks were forced to kneel in a closet and were shot in the back of the head. One died and one survived because Mr El's aim was low on the second shot. The clerks spinal cord was severed and he is now a quadriplegic, but he was able to testify and identify Mr El. His partner had turned states evidence to avoid the death penalty.
During the penalty phase my wife heard additional testimony about Mr El. He had been captured after a robbery which included a running gun battle in which a Houston Police Officer was wounded.
Would an ALL BLACK jury have found the facts somehow different. I think that this SOCTUS decision is BAD!
Think OJ and you have your answer.
Who is the moron writing or editing this piece? Thomas voted against the appellate argument of the defendants, he was not casting a vote of guilt or innocence as the jury had done at trial. That's not even a subtle point.
I understand that but by law, a law that was passed a couple years back, blacks have the right to have a jury made up solely of blacks.
The prosecution can try to find blacks who are on his side but the fact remains, the pool for a black defendant can be all black.
It's the law.
That's a load of crap.
I guess then, that the jury of a KKK member (say, Sen. Byrd) has to be made up of all white racists too?
I agree with you; the SCOTUS decision is bad. It presupposes racism by using race to predispose racism.
God forbid the justices ever are held responsible for this horseshit they just make up out of thin air. No Constitutional authority for any of this trash beyond judge-made law.
God forbid anyone really do anything to change bias like this, "Thomas, one of the most conservative members of the court, has opposed black defendants in the past and has voted against affirmative action." When did Thomas 'oppose black defendants?' WHEN? He's a judge, ruling on law, not an advocate ruling on a person!
SCOTUS news makes me sick.
Makes me sick as well.
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