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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

7 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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Michael: The King of Pop’s Story Returns to the Big Screen

BLACKPRESSUSA NEWSWIRE — The curtain has finally lifted on one of Hollywood’s most anticipated films. Lionsgate has unveiled the official trailer and release date for “Michael,” the sweeping biopic about Michael Jackson that has been years in the making.

Published

1 week ago

November 6, 2025

Stacy M. Brown

By Stacy M. Brown
Black Press USA Senior National Correspondent

The curtain has finally lifted on one of Hollywood’s most anticipated films. Lionsgate has unveiled the official trailer and release date for “Michael,” the sweeping biopic about Michael Jackson that has been years in the making. Directed by Antoine Fuqua, the film will arrive in theaters on April 24, 2026, with the singer’s nephew, Jaafar Jackson, stepping into the spotlight to portray his legendary uncle.

The trailer wastes no time rekindling the aura of Jackson’s genius. Opening with a studio scene between Jackson and his longtime producer Quincy Jones, played by Kendrick Sampson, the clip builds from a quiet, familiar rhythm to the electrifying pulse of “Wanna Be Startin’ Somethin’.” Viewers catch glimpses of the singer’s childhood, flashes of “Thriller,” and the silhouette that redefined pop culture. Each frame reminds fans of why Jackson remains unmatched in artistry and influence. The cast surrounding the late pop king’s nephew, Jaafar Jackson, reads like a who’s who of Black entertainment and music history. Colman Domingo plays Joe Jackson, Nia Long portrays Katherine Jackson, and Larenz Tate takes on the role of Motown founder Berry Gordy. Laura Harrier portrays music executive Suzanne de Passe, while Kat Graham embodies Diana Ross. Miles Teller plays attorney John Branca, a towering entertainment lawyer and longtime Jackson confidant who later became co-executor of his estate. The film’s journey to release has been as complicated as the icon it portrays. Production wrapped in 2024, but legal hurdles over depictions of past controversies forced extensive reshoots and editing delays. Even so, Fuqua’s film now appears ready to reclaim the narrative, focusing on Jackson’s creative ambition and humanity beyond tabloid noise. IndieWire reported that the film had faced “a massive legal snafu” over a disputed storyline but was retooled to center the music and legacy that defined generations.

Maven. Photo Credit: Glen Wilson

“Michael” promises more than a chronological retelling. It aims to explore how a child star from Gary, Indiana, became the world’s most influential entertainer. The script, written by Oscar-nominated John Logan, traces Jackson’s early years with the Jackson 5 through the triumphs and isolation of global superstardom. With Fuqua’s cinematic eye and producer Graham King—who brought “Bohemian Rhapsody” to life—joining forces with estate executors Branca and John McClain, the film is positioned as both a tribute and a restoration of Jackson’s cultural truth. Branca’s work behind the scenes has long shaped Jackson’s posthumous success. After the singer died in 2009, Branca and McClain took control of the estate burdened by debt and turned it into a global powerhouse worth billions. Under their stewardship, Jackson’s projects have generated more than $3 billion in worldwide ticket sales and landmark deals, including a $600 million joint venture with Sony earlier this year. At its heart, though, “Michael” is a story about artistry that transcends scandal. It offers a reminder that, despite the noise surrounding his life, Jackson’s music still bridges continents and generations. The trailer’s closing moments capture that spirit. As the beat of “Billie Jean” swells and Jaafar Jackson moonwalks into a spotlight, audiences are left with a familiar feeling—the awe of witnessing something timeless return home.

“Michael” opens worldwide in theaters April 24, 2026. See the official trailer here.

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Donald Trump Is the Biggest Loser

BLACKPRESSUSA NEWSWIRE — The Trump Brand took a significant hit as it was swept up in the Democratic blue wave of the election last night.

Published

1 week ago

November 5, 2025

Oakland Post

By April Ryan

The Trump Brand took a significant hit as it was swept up in the Democratic blue wave of the election last night.

Chris Jones, Democratic candidate for U.S. House of Representatives (AR-02), says, “Last night was electric, and it was unquestionably a wave.” Democrats won big in what is widely considered a repudiation of Trump’s 9 months at the White House in his second term.

In the state of Virginia, which produced the first big election night win and saw the election of the first woman governor, Democrat Abigail Spanberger, 56% of Virginia’s residents disapprove of President Trump. In New Jersey, 55% of state residents disapprove of the president; in New York, 69% disapprove; and in California, 63% disapprove of the president. The Trump brand or his support for any candidates did nothing to benefit those he endorsed in this election. They actually lost in each race he publicly put his name behind. Trump endorsed former New York Democratic Governor Andrew Cuomo, who lost the New York mayor’s race in his run as an independent. And New Jersey Republican Jack Ciattarelli, who ran for governor with the presidential endorsement, also lost his prospective race.

The next question is, will the democratic momentum be sustainable? Jones further explained, “This can become a 2026 tsunami, but turning a wave into a tsunami takes energy. A lot of energy. It doesn’t just happen. The conditions are there. Now we have to work!”

Some Democrats would argue that the work is already underway. The pushback against Trump’s national redistricting efforts received a thumb in the eye from California voters. Prop 50, California Governor Gavin Newsom’s counterbalance to President Trump’s redistricting efforts, passed in California last night. Although Trump’s name was not on the ballot last night, his Republican policies were. The United States has now entered the longest government shutdown in its history. Forty-two million Americans are not getting SNAP benefits. Economists are acknowledging that the government shutdown is contributing to the rise in delinquent debt in the student loan, automotive, and credit card industries. These items are among the negatives Americans are protesting against.

Compounding Trump’s political problems is a tariff battle that’s directly impacting pocketbooks. The day after the elections, the Trump administration was arguing before the US Supreme Court in favor of the president’s tariff powers. Meanwhile, President Trump‘s poll numbers are underwater, standing at a 37% national disapproval rate

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Historic Beatdown: Democrats Sweep Virginia as Speaker Don Scott and Jay Jones Make History

BLACKPRESSUSA NEWSWIRE — In a clear rejection of the policies of President Donald Trump, history repeated itself in Virginia.

Published

2 weeks ago

November 5, 2025

Oakland Post

By Lauren Burke

In a clear rejection of the policies of President Donald Trump, history repeated itself in Virginia. Democrats once again swept all three statewide offices as they did in 2017 during Trump’s first term. Abigail Spanberger easily won the office of Governor, and State Senator Ghazala Hashmi won her race over John Reid to be the next Lieutenant Governor. The victories occurred against the backdrop of a historic win in Virginia by Spanberger that will give Virginia its first woman Governor.

Spanberger’s widely predicted win over Republican gubernatorial nominee Winsome Earle-Sears was called 17 minutes after the polls closed in Virginia at 7 pm. Former Delegate Jay Jones won his race against incumbent Attorney General Jason Miyares. His victory means Jones will be the first Black Attorney General in Virginia’s history. Jones’ win was particularly noteworthy since the last month of his campaign was consumed by the issue of private text messages from 2022 to Republican Delegate Carrie Coyner. Republicans ran a non-stop barrage of negative ads against Jones for a month.

Del. Coyner lost her bid for re-election to Delegate-elect Lindsey Dougherty. The Dougherty race was the number one target for House Speaker Don Scott and his campaign lieutenant, Delegate Dan Helmer. Coyner’s defeat was one of at least 13 victories for Democrats who have now added to their ranks in the Virginia House to historic margins. When the Virginia General Assembly returns to session in January, there will be at least 64 Democrats in the chamber. The widespread Republican defeat is a testament to a combination of historic fundraising, Democrats running in all 100 seats, dislike of President Trump’s policies, and an ineffective top of the ticket featuring Lt. Gov. Earle Sears.

+13: Speaker Scott and Del. Helmer Hit Historic Numbers in Fundraising and Power

As the evening ended, a glaring historic fact became clearer: The Virginia House of Delegates will expand to a historic number. The change means the largest Democratic House chamber in the modern era. There were several notable wins by Democrats running for the Virginia House. They include Virgil Thornton, Lilly Franklin, and Kim Pope Adams. Speaker Don Scott and his campaign chair, Dan Helmer, undertook a record fundraising effort never before seen in Virginia’s history. The moment of success for Virginia Democrats will be viewed as a positive signal for Democrats moving into the 2026 elections.