African Americans were outraged at the allegations that many Black
people in Florida were not allowed to vote in the 2000 presidential
election. That the state could possibly get away with tactics designed
to prevent Blacks from exercising this fundamental constitutional right
was a sorry flashback to a not so distant time when racial
discrimination was legal. Unfortunately, while flagrant violations of
fundamental rights might be shocking to African Americans, they are not
an aberration. On a daily basis African Americans are denied one of the
most basic fundamental rights inherent in American democracy; the right
to sit on a jury.
There are only a few
ways that Americans can meaningfully exercise their citizenship;
enlisting in the military, running for national office, voting and
serving on a jury. Jury service is a basic right of citizenship . With
the exception of voting, "for most citizens the honor and privilege of
jury duty is their most significant opportunity to participate in the
democratic process." Whether "jury service be deemed a
right, a privilege, or a duty, the State may no more extend it to some
of its citizens and deny it to others on racial grounds than it may
invidiously discriminate in the offering and withholding of the
elective franchise." The "exclusion of jurors is like the
exclusion of voters: the exclusion of voters by reason of race does
violence to constitutional ideals, whether or not the exclusion affects
the outcome of any particular election."
Despite clear commands from the
Supreme Court, since 1880 the right of African Americans to serve
as jurors has been elusive. The equal protection clause of the 14th
Amendment prohibits African Americans from being excluded from a jury
because of their race or "on the false assumption that
members of [the] race as a group are not qualified to serve as
jurors." The Court has held that the 14th Amendment
prohibits a State from resorting to discrimination at all stages of the
jury selection process . Even though the principles of the 14th
Amendment equal protection clause guaranteeing the right of African
Americans to be free from jury discrimination "have been consistently
and repeatedly reaffirmed in numerous decisions" , these
Constitutional guidelines are regularly violated through the use of
peremptory challenges.
All people have biases and
prejudices. When citizens are asked to serve on a jury, it is their
civic duty to be impartial, to put aside their biases in the interests
of justice. When African Americans are removed from a jury because of
their race, it amounts to a judgement of unfitness for
citizenship . As Justice Thurgood Marshall explained, "no one can
be expected to perceive himself to be a full participant in our society
as a whole, when he is told by a representative of the government that,
because of his race, he is too stupid or too biased to serve on a
particular jury."
A
peremptory challenge is a method of removing jurors from a jury pool.
A juror may be removed for any reason; so long as it is a race or
gender "neutral" reason. Black
jurors are excluded by challenges that are disguised as race neutral
but in fact are pretext or surrogates for race.
The following explanations for
striking African Americans were found to be race neutral: style of
dress and demeanor(1), participation in church activities (2) , lack of
education (3) , unemployment and wearing a beard (4) , residence in a high
crime neighborhood and unemployment (5) , residence in same neighborhood as
defendant (6) , lack of education and business experience (7), being young or
being a social worker (8) , membership in Operation PUSH (9) , membership in
the NAACP (10), affiliation with Alabama State University(11) , having a
relative that was a felon (12) , having a criminal record,poor body
language, eye contact, having incarcerated relative (13) , being a social
worker and agreeing with the O.J. Simpson verdict (14) , having low
intelligence or marginal literacy(15) , being unemployed, 22 years old and
wearing an earring (16), living in same the neighborhood as defendant and
exhibited a lack of intellectual capacity (17) . Pictured above: Thomas Joe Miller-El on Death Row in Texas. His story is below.
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Footnotes
1. U.S. v. Jones, 245 F.3d 990 (2001)
2. US v. Hill, 2001 WL 436023
3. U.S. v. Alanis, 2001 WL 1028298 (2001)
4. Wallace v. State, 530 So. 2d. 856 (Ala. 1988)
5. State v. Alexander, 755 S.W. 2d 397 (Mo. Ct. App. 1988)
6. Smith v. State, 448 S.E. 2d 179 (1994)
7. United States v. Tucker, 836 F.2d 334 (7th Cir. 1988)
8. United States v. Alvarado, 951 F.2d 22 (2d Cir. 1991)
9. People v. Pecor, 286 Ill. App. 3d (1996).
10. People v. Holmes, 651 NE 2d. 608 (Ill. App. Ct. 1995). Reversed and remanded though.
11. Scott v. State, 599 SO.2d 1222, 1227-1228 (Ala. Crim. App 1992).
12. Finley v. State, 725 So. 2d 226 (Miss 1998)
13. State v. White 131 N.C. 734, 509 SE 2d 462 (1998)
14. State v. O'Neal, 87 Ohio St. 3d 402 (2000)
15. City of Beaumont v. Boullion 873 SW2d 425
16. State v. Sexton, 336 NC 321 (1994)
17. People v. Jones, Ill. 3d 440 (1990)
- Excerpts taken from "I heard you Twice the First Time. Thurgood Marshall was right: Peremptory Challenges Must be Eliminated."