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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.

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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.

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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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OP-ED – Reimagining America: Biden is Not the Only Way Democrats Can Win

NNPA NEWSWIRE: We need a leader who understands the struggles of everyday Americans and has the vision and stamina to lead for the next eight years. Vice President Kamala Harris embodies these qualities.
The post OP-ED – Reimagining America: Biden is Not the Only Way Democrats Can Win first appeared on BlackPressUSA.

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3 days ago

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July 2, 2024

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By Rep. Ron Reynolds

After last week’s highly anticipated debate, I couldn’t shake a deep sense of unease. I watched the debate in its entirety, and I was deeply disturbed. I didn’t want to react out of frustration or emotion, so I took a night to reflect. The next day, my disappointment had not subsided. As a Biden DNC National Delegate, I firmly believe we need to make significant changes.

It’s time to replace President Biden at the convention and nominate Vice President Kamala Harris. This isn’t a cavalier statement; it’s one I stand by. I welcome debate and criticism, but my primary goal is clear: we must defeat Trump and the MAGA movement for the future of all Americans.

Recently, I have been criticized and even threatened with censure for expressing my belief that the Democratic Party might fare better against Trump with a new nominee. This perspective was formed long before recent public opinion polls supported my concerns. To be clear, I will continue to support President Biden if he remains our nominee. Nonetheless, I will persist in making good trouble, fighting, and speaking truth to power.

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Democrats claim to support free speech but then criticize each other for speaking their minds. This kind of internal conflict plays right into the hands of Republicans, who benefit from our division. To truly stand united, Democrats must encourage open dialogue and respect differing opinions within our party.

Our nation faces unprecedented challenges that require fresh, dynamic leadership. To meet these challenges head-on, the Democratic Party must embrace innovation and diversity. We need a leader who understands the struggles of everyday Americans and has the vision and stamina to lead for the next eight years. Vice President Kamala Harris embodies these qualities.

The Democratic Party prides itself on being a party of inclusion, representing a broad coalition of people from all walks of life. Yet, our leadership doesn’t always reflect this diversity. It’s time for a change!

We need leaders who reflect the realities of America today and understand our unique challenges—those who can garner a wide base of supporters. Kamala Harris has a proven track record of fighting for justice and equality. She knows how to build coalitions that include people of all races, genders, and backgrounds. She can energize young voters, women, and people of color—voters crucial to our success.

Innovation is not only about who leads but also how we lead. The Democratic Party must adopt new strategies and technologies to effectively engage voters. We need to leverage social media, data analytics, and grassroots organizing to build a movement capable of countering the well-funded forces of the right. We must engage voters on the issues that matter most to them, from healthcare and education to climate change and economic inequality.

Moreover, we need leaders willing to take bold stands on critical issues. We need leaders who will fight for a living wage, affordable healthcare, and comprehensive immigration reform. Leaders who will stand up to special interests and prioritize the common good. We need leaders who will advocate for peace and stability globally, calling for ceasefires in conflict zones and working towards lasting solutions.

The Democratic Party has a proud history of innovation and progress, from FDR’s New Deal to Obama’s Affordable Care Act. It’s time to renew that legacy. We need leaders who reflect our multicultural society, embrace innovation, and fight for a brighter future, not the status quo.

America deserves better than the status quo. We need leaders who can inspire and unite us. This is our moment to infuse new energy and vision into our party and country. Let’s nominate a leader who can lead us to victory with the passion and dedication that our great nation requires. It’s time for a change, and I firmly believe Vice President Kamala Harris is the leader we need.

Disclaimer: The views and opinions expressed in this article do not necessarily reflect the official policy or position of BlackPressUSA.com or the National Newspaper Publishers Association.

 

The post OP-ED – Reimagining America: Biden is Not the Only Way Democrats Can Win first appeared on BlackPressUSA.

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Celebrate America’s Birthday by Thanking Those Who Teach Our Youngest Learners

NNPA NEWSWIRE — The CDA Credential is the most widely recognized credential in early childhood education and it’s a key steppingstone on the path of career advancement in the sector. The CDA is based on a core set of competency standards that guide early childhood professionals toward becoming qualified educators of young children.
The post Celebrate America’s Birthday by Thanking Those Who Teach Our Youngest Learners first appeared on BlackPressUSA.

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4 days ago

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July 2, 2024

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Andrew Davis, Chief Operating Officer, Council for Professional Recognition

As we mark America’s Independence Day, I’m reflecting on the role education played in my family’s journey to this incredible country and the educators who helped make it happen. I was born in Antigua in the Caribbean, where my father’s family had lived for many generations. They coped with extreme poverty and many challenges — my grandmother was blind, for instance. Yet, from a very early age, teachers pushed my father to fulfill his potential. Their encouragement led him to attend university in Barbados and eventually earn his doctorate at the University of Sussex in England. Later, we settled in the United States, where my dad is a professor at Howard University in Washington, D.C.

Each step of the way, a mentor encouraged him to keep growing and expanding his mind. Their support not only changed his life but also paved the way for future generations of our family. I was so excited to spend time recently with about 150 students at Florida International University in Miami who completed their Child Development Associate (CDA) Credential coursework through the Professional Development Institute at the Early Learning Coalition of Miami-Dade/Monroe. Through articulation agreements with higher education institutions in Florida, these students can receive college credits toward an associate or bachelor’s degree in early childhood education.

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Davis (left) met with education leaders and supporters who helped students complete their Child Development Associate (CDA) Credential coursework through the Professional Development Institute at the Early Learning Coalition of Miami-Dade/Monroe.

Davis (left) met with education leaders and supporters who helped students complete their Child Development Associate (CDA) Credential coursework through the Professional Development Institute at the Early Learning Coalition of Miami-Dade/Monroe.

The CDA Credential is the most widely recognized credential in early childhood education and it’s a key steppingstone on the path of career advancement in the sector. The CDA is based on a core set of competency standards that guide early childhood professionals toward becoming qualified educators of young children. Our nonprofit, the Council for Professional Recognition, works to ensure that the nationally transferable CDA is a credible and valid credential, recognized by the profession as a vital part of professional development. CDA educators know how to put the CDA Competency Standards into practice and have an understanding of why those standards help children move with success from one developmental stage to another. Put simply, CDA educators know how to nurture the emotional, physical, intellectual, and social development of children.

It was an honor to recognize and celebrate these scholars, who participated in 120 hours of instruction and at least 480 hours of on-the-job training. They also compiled a professional portfolio and created a center-based capstone project. At the graduation ceremony, I told these students that they should feel proud of their achievements and be empowered to become advocates for early childhood education. I emphasized the importance of cultivating resilience in the face of challenges and embracing lifelong learning. That lifelong learning can include earning additional degrees as well as serving as CDA Professional Development Specialists, who use their expertise to assess CDA candidates’ competencies and facilitate reflective conversations with candidates for the credential.

Most importantly, the CDA scholars I met in Miami and other ceremonies this year are now serving as early childhood educators in communities across the U.S. They’re professionals who support safe and healthy learning environments, provide positive guidance, successfully engage, and interact with families and contribute to ensuring an early learning program is well run. I know their work will pay off. Years ago, my dad’s teachers had no way of imagining where their influence would lead. Indeed, when I look up to the sky on the Fourth to watch the fireworks, I’ll keep in mind the educators who help their students reach higher and higher for spectacular results and the bright futures they create.

The post Celebrate America’s Birthday by Thanking Those Who Teach Our Youngest Learners first appeared on BlackPressUSA.

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LIVE! : Make it Plain at the White House

NNPA NEWSWIRE — Rev. Mark Thompson interviews Deputy Treasury Secretary Wally Adeyemo LIVE from the White House.
The post LIVE! : Make it Plain at the White House first appeared on BlackPressUSA.

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4 days ago

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July 2, 2024

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Rev. Mark Thompson interviews Deputy Treasury Secretary Wally Adeyemo LIVE from the White House.

The post LIVE! : Make it Plain at the White House first appeared on BlackPressUSA.

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