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COMMENTARY: Experts: ‘Jury of your Peers’ Rarely Applies to African Americans

NNPA NEWSWIRE — “Race has a tremendous impact in criminal trials, at least one African American juror can help even the playing field when it comes to verdicts. Race matters in the courtroom and race relates to perception and judgment – especially when a case is about race,” said Waukeshia Jackson, founder of the Atlanta-based Jackson & Lowe Law Group.

Published

6 years ago

April 27, 2019

Oakland Post

By Stacy M. Brown, NNPA Newswire Correspondent
@StacyBrownMedia

If accused of a crime, American justice supposedly guarantees the right to a trial in front of a “jury of your peers.”

However noble the idea might be in theory, many legal experts acknowledge that, due to systemic racism, having a jury of your peers is often just an illusion.

For African Americans, systemic racism in the criminal justice system has greatly contributed to mass incarceration, partly because blacks are more likely to be profiled, pulled over by police, searched, and arrested, according to legal experts.

Once arrested, African Americans also are more likely to be detained prior to their hearing, which could take months.

“Jury selection creates another concern,” said Charlotte, N.C.-based Attorney Darlene Harris.

“When a juror is unable to relate to a person accused of a crime, the defendant is more likely to face stiffer penalties, up to and including life in prison,” said Harris, who after trying a recent murder trial, spoke to a white male juror who shared that a lot of the jurors could not understand the African American defendant.

“The two people who could relate to the defendant happened to be Black women. They were able to shed information that led the group to finding the defendant guilty of second-degree murder as opposed first degree murder, which would have resulted in a life sentence,” Harris said.

That and other experiences led Harris to question how much different the outcome would have been if there were black men – from the same socio-economic background as the defendant – on the jury.

“The scourge of racism manifests in discriminatory policies and practices such as the ‘War on Drugs,’ Stop and Frisk, and Three Strikes You’re Out,” Harris said.

“Consequently, black men are profiled more often, punished more frequently and more harshly than any other group in the United States,” she said.

The Sentencing Project estimates that there are presently 2.2 million people incarcerated in America.

Black men born in 2001 have a 1 in 3 chance of being incarcerated.

Given these distressing numbers, black men appear to have a higher risk of being knocked out of juror pools, Harris said.

“When you couple racist policies and practices with socio-economics, the share of black men available for jury selection is further diminished and since people must take time off work to serve on juries, only people who can afford to miss a paycheck, people with paid time off or flexible work arrangements can afford to serve on a jury,” Harris said.

“Keep in mind that trials for serious crimes are lengthy; a recent murder trial that I was a part of lasted one month. How many of us can afford to skip a month’s pay?” she said.

While a judge is not required to exempt someone from jury duty because the person can’t afford to go without a paycheck, defense attorneys are ill-served by forcing a person to miss pay to be their juror, Harris added.

The right to a jury trial is a hallmark of the American criminal justice system and defendants generally have the right to be tried by a jury of their peers, said Waukeshia Jackson, founder of the Atlanta-based Jackson & Lowe Law Group.

In explaining the meaning of having “a jury of your peers,” Jackson said defendants aren’t entitled to a jury containing members of their own race, gender, age, or sexual orientation.

Most accurately, “jury of your peers” means “jury of fellow citizens,” she said.

“Nonetheless, widespread discrimination remains in the jury selection process,” Jackson said.

While courts don’t have to ensure that a defendant’s race, gender, age, or sexual orientation is represented in a jury pool, the Supreme Court has long held courts may not remove a potential juror solely based on these factors, she said.

“For more than a century, racial minorities have been protected from jury discrimination in theory but in practice, these laws have little actual protection and one critical factor that impacts African American eligibility to participate in jury pool is the felon jury exclusion rule,” Jackson said.

Throughout the country, African Americans are overrepresented in felony convictions and therefore more likely to be excluded from jury pools because individuals cannot serve as a juror if they’ve been convicted of a felony.

“The felony jury exclusion rule dramatically reduces the number of African Americans eligible for jury selection because roughly, one-third of the adult African-American male population has been convicted of a felony and, in many jurisdictions, these citizens are forever barred from serving on a jury,” Jackson said.

“Race has a tremendous impact in criminal trials, at least one African American juror can help even the playing field when it comes to verdicts. Race matters in the courtroom and race relates to perception and judgment – especially when a case is about race,” she said.

The landmark 1986 case of Batson v. Kentucky established that lawyers aren’t permitted to engage in systematic exercise of peremptory challenges of prospective jurors based solely upon such suspect criteria.

“However, if the attorney – whether it be prosecutor of defense attorney – can establish an age, race, ethnicity, or gender-neutral reason for the use of the peremptory challenge, the court will permit it,” said Western Michigan University Cooley Law School Professor and former Miami-Dade Judge Jeff Swartz.

“The jury pool should be made of such a representative cross-section in the same proportion as found in the community,” Swartz said.

“Does this mean that on many occasions that a black defendant may end up with an all-white jury? Yes, it does,” Swartz said.

Jackson added that those who are not African American haven’t experienced the racial discrimination and verbal abuse that are far too common for members of the black community.

Jurors from all-white jury pools convict African American defendants significantly more often than white defendants and this gap in conviction rate is entirely eliminated when the jury pool includes at least one African American member, she said.

“The makeup of a jury can mean the difference between a conviction and an acquittal,” Jackson said.

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Supreme Court Decision Confirms Convicted Felon Will Assume Presidency

NNPA NEWSWIRE — In a 5-4 ruling, the court stated that Trump’s concerns could “be addressed in the ordinary course on appeal” and emphasized that the burden of sentencing was “relatively insubstantial” given that Trump will not face prison time. Chief Justice John Roberts and Justice Amy Coney Barrett joined the court’s three liberal justices in the majority, with four conservative justices dissenting.

Published

5 days ago

January 10, 2025

Stacy M. Brown

By Stacy M. Brown, NNPA Newswire Senior National Correspondent
@StacyBrownMedia

The Supreme Court on Thursday rejected President-elect Donald Trump’s emergency request to block criminal proceedings in his New York hush money case, ensuring that a sentencing hearing will proceed as scheduled on Friday. The decision makes it official that, on January 20, for the first time in its history, the United States will inaugurate a convicted felon as its president.

In a 5-4 ruling, the court stated that Trump’s concerns could “be addressed in the ordinary course on appeal” and emphasized that the burden of sentencing was “relatively insubstantial” given that Trump will not face prison time. Chief Justice John Roberts and Justice Amy Coney Barrett joined the court’s three liberal justices in the majority, with four conservative justices dissenting.

Trump was convicted in May for falsifying business records related to a $130,000 payment to adult film star Stormy Daniels before the 2016 election. Manhattan District Attorney Alvin Bragg argued that the Supreme Court lacked jurisdiction to intervene in a state criminal case, particularly before all appeals in state courts were exhausted.

Trump’s legal team claimed the sentencing process would interfere with his transition to power and argued that evidence introduced during the trial included official actions protected under the Supreme Court’s prior ruling granting former presidents immunity for official conduct. Merchan, the New York judge who presided over the trial, ruled in December that the evidence presented was unrelated to Trump’s duties as president.

Prosecutors dismissed Trump’s objections, stating that the sentencing would take less than an hour and could be attended virtually. They said the public interest in proceeding to sentencing outweighed the President-elect’s claims of undue burden.

Justice Samuel Alito, one of the four dissenting justices, confirmed speaking to Trump by phone on Wednesday. Alito insisted the conversation did not involve the case, though the call drew criticism given his previous refusals to recuse himself from politically sensitive matters.

The sentencing hearing is set for Friday at 9:30 a.m. in Manhattan. As the nation moves closer to an unprecedented inauguration, questions about the implications of a convicted felon assuming the presidency remain.

“No one is above the law,” Bragg said.

Stacy M. Brown

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How Head Start Installs Confidence for Two Generations

NNPA NEWSWIRE — Head Start is a changemaker for all communities. Child by child, family by family, the seeds that are sowed continue to blossom as they stretch higher and higher toward the sunshine.

Published

1 week ago

January 6, 2025

Oakland Post

By Olivia Harvey

The founders of Head Start have always viewed parents as critical partners in their work to educate young children. They also understood that this partnership meant parents should help decide which services would most benefit their families and those in the community. As a result, Head Start created a formal leadership and policymaking role for parents and community members called the Policy Council.

Thank you to Head Start parent, Policy Council member, and alumna Olivia Harvey for recently sharing her story.

A few years ago my daughter Maliya was six years old and had just started kindergarten, after graduating from the Children First Head Start program in Sarasota County, Florida. It was hard to believe we’d reached this major milestone, but with all the love, care, and guidance she received from her incredible teachers, I’m confident that she will continue to blossom and thrive. Children First and the Head Start program have always been close to my heart, and the hearts of my family. My husband Malik is also a proud Head Start graduate along with some members of his family. He’s a wonderful support system and understands our shared mission of raising the healthiest, happiest family possible. Our lives are centered around family, and in addition to Maliya, we also have two other children, our sons Jeremiah and King. When we had our kids, we knew we didn’t have to look far to find quality, affordable childcare with amazing teachers we could trust. With the challenges we were facing, we knew we could turn to Children First’s Head Start program to help us find our path to success.

My family has been involved with Children First since Jeremiah was a toddler. Our family advocate, Ernestine, was there for Maliya and our entire family every step of the way. I know that even when my daughter is in high school, Ernestine will be there in a heartbeat if we ever need anything. The teachers care so deeply about the kids, and they never forget their faces. One day, Maliya came home with a photo taken by her teacher, Miss LaTonda. It was a baby picture of me because Miss LaTonda had been my teacher as well. I couldn’t believe she had kept it for all these years! It was such a special memory to share with my daughter, and it’s moments like this that let me know we will always be a part of the Children First family. Through Head Start, I also found a lot of support personally and as a parent. Due to the pandemic, I had reduced hours and was forced to seek other employment. During this time, I needed something that would allow me to feel professional and help me keep my skills up while at the same time offering me the flexibility to be a mom.

Luckily, Children First was offering a Job Skills Training Course as part of the agency’s Family Strengthening services. The class was perfect because it provided a sense of accountability and belonging. I learned about identifying and overcoming obstacles related to employment, and there was a special focus on resume writing, interviews, and ‘acing’ the first 90 days at a new job, which has benefited me! After a mock interview with my vocational family advocate Laura and her colleagues, I felt so confident with the skills that I had learned, and I decided to reach a higher goal in the workforce. I was offered a position at Sarasota School of the Arts & Sciences, where I have been working as a paraprofessional. While working full-time, I’ve also had the opportunity to go back to school to earn my bachelor’s degree to become a history or math teacher. My ambitions have led me to be a working professional, a full-time mom, and now, a student, but I’m not stopping there. In the future, I would like to earn my master’s degree and work as an administrator, with one of my ultimate goals being to run for the school board.

Because of Children First, Head Start, and my vocational coach, Laura, it feels like a whole new world of possibilities has opened. While I was unexpectedly unemployed but fighting to stay engaged, I was supported every step of the way. Laura and the team at Children First continue to guide me and my family on our journey to success. Although we still face unique challenges, I feel grateful and am so proud of how far we’ve come. Because Malik and I were able to grow and thrive in a healthy environment at the earliest stages of our lives, the lives of our children have been transformed for the better. Right now, some parents, families, and caregivers are struggling financially and socially. They need lower childcare prices, full workday hours with childcare coverage, and free transportation to and from daycare.

Head Start is a changemaker for all communities. Child by child, family by family, the seeds that are sowed continue to blossom as they stretch higher and higher toward the sunshine. Their promise is simple: every child, regardless of circumstances at birth, can reach their full potential. As I look to the future — from my youngest child thriving, to earning my teaching degree, to raising my beautiful children alongside my husband and beyond that, I know that thanks to Head Start, there is nothing to fear.

Oakland Post

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Cold Weather Safety for Children

NNPA NEWSWIRE — Keep babies’ cribs free of stuffed animals and blankets. A firm mattress covered with a tight-fitting crib sheet is all that an infant needs to sleep safely.

Published

2 weeks ago

December 30, 2024

Oakland Post

By The Head Start Early Childhood Learning and Knowledge Center

Children are more vulnerable than adults to the effects of cold weather. The Head Start Early Childhood Learning and Knowledge Center developed these tips to help families and staff keep children safe, healthy, and warm in the winter.

Bundle up!

Children are at greater risk for frostbite than adults. The best way to prevent frostbite is to make sure children dress warmly and don’t spend too much time outside in extreme weather.
Dress children in layers of warm clothing. If the top layer gets wet, they will still have a dry layer underneath.
Tuck scarves inside coats and jackets to prevent them from becoming strangulation hazards.
Car seats and winter coats don’t mix. Bulky coats can compress in a crash and create a loose car seat harness. Instead, lay the jacket or a blanket over the children once you’ve safely strapped them into their car seat.

Keeping Healthy Outdoors

There’s no set amount of time for children to play outside safely when the weather is cold. Use your best judgment. When the cold becomes unpleasant, it’s time to go inside.
If you are unsure if weather conditions are safe for outdoor play, check the Child Care Weather Watch Chart.
- Have children come indoors periodically to prevent hypothermia or frostbite. A temperature of 0 degrees Fahrenheit and a wind speed of 15 mph creates a wind chill temperature of -19 F. Under these conditions, frostbite can occur in just 30 minutes.
- Frostnip is an early warning sign of frostbite. The skin may feel numb or tingly or appear red (on lighter skin).
- To prevent frostbite, check that mittens and socks are dry and warm. Frostbite occurs mostly on fingers, toes, ears, noses, and cheeks. The affected area becomes very cold, firm, and, depending on the color of the skin, turns white, yellowish-gray, or gray.
- Even though it’s cold outside, it’s important to use sunscreen and stay hydrated. Children are more likely than adults to become dehydrated.

Staying Safe Indoors and in Vehicles

Keep anything that can burn at least three feet away from heating equipment, including furnaces, fireplaces, wood stoves, and portable space heaters.
Set up a 3-foot “kid-free zone” around open fires and space heaters.
Remember to turn portable heaters off when leaving the room.
Test smoke alarms at least once a month.
Vent all fuel-burning equipment to the outside to avoid carbon monoxide (CO) poisoning.
Install and maintain CO alarms. Keep alarms at least 15 feet away from fuel-burning appliances.
If you need to warm up your vehicle, remove it from the garage as soon as you start it to avoid the risk of CO poisoning. Don’t leave a vehicle running inside a garage.
If vehicles are parked outside, check to make sure the tailpipe is not blocked with snow, which can also cause problems with CO.

Sleeping Safely in Any Season

Keep babies’ cribs free of stuffed animals and blankets. A firm mattress covered with a tight-fitting crib sheet is all that an infant needs to sleep safely.
If you are worried about keeping babies warm, dress them in a wearable blanket, also known as a sleep sack.

Infection Control

Cold weather does not cause colds or flu. However, viruses that cause a cold and the flu are more common in the winter when children spend more time indoors.
Keeping everyone’s hands clean is one of the most important ways to avoid getting sick and spreading germs to others. Wash hands with soap and clean running water and rub them together for at least 20 seconds.
Teach children to cough or sneeze into their upper sleeve or elbow, not their hands. Adults should model this behavior.
Review program policies on handwashing; cleaning, sanitizing, and disinfecting; and excluding children and caregivers who are sick.
The U.S. Centers for Disease Control and Prevention and the American Academy of Pediatrics recommend that all children 6 months and older receive the seasonal flu vaccine every year. All early care and education program staff should also get vaccinated for the flu.