White Jurors Continue to Hammer Black Defendants
(A recent case in New York where white jurors said they had been subtly pressured to convict a black defendant highlights something played out in America’s courts everyday – white jurors are just more likely to convict black defendants even in questionable circumstances.)
John White was probably surprised when a jury in Riverhead, New York convicted him of second-degree manslaughter after four days of deliberation. In fact, White had two good reasons to be surprised.
The first was the charge and the circumstances that got him hauled into the docket. White is a middle-aged African -American homeowner with a solid work history and no arrest record. He was charged with shooting a white teen. The teen was part of a mob of teens that allegedly assailed him and his son in front of his Long Island home. The shooting stemmed from an earlier altercation between the white teen and White’s son. The threat of attack, an angry group of white teens on his property, and no clear evidence that White was the aggressor -- in most cases that would have been enough to squash a prosecution or to garner a quick acquittal.
Obviously it wasn’t.
The second reason for surprise was how he got convicted. It took the jury four days to convict White. It’s almost always a sure sign that jurors can’t reach a verdict when jury deliberations stretch out over several days. Or, they lean heavily toward acquittal because the state’s evidence and witness testimony is muddled, conflicted or inept. That was the case in the White trial. But what White couldn’t anticipate was that the white jurors with an apparent wink and nod from the judge would badger, cajole and harass two other white jurors to convict him. That made news only because the two jurors publicly squealed about it.
What didn’t make news and is played out in America’s courts every day is the overwhelming penchant of white jurors to reflexively convict black defendants no matter how flimsy, threadbare or dubious the evidence and testimony is against them.
The tormenting pattern of white jurors blindly lapping up anything prosecutors and police say about black defendants has been well documented.
In 2001, the Chicago Reporter studied dozens of cases in Cook County and found that in nearly 80 percent of the cases a black defendant was far more likely to be convicted when the jury was predominantly white. It made no difference how many times a judge told the jurors that innocence is presumed and guilt must be proven beyond a reasonable doubt. Many white jurors ignored it and convicted the black defendant anyway in questionable circumstances. In mock trials and post trial interviews, jury consultants confirmed that white jurors could not shake their ingrained belief that if the defendant was black he or she just had to be guilty. They had made up their mind about the defendant’s guilt even before the first witness was called.
An exhaustive ten-year study by the Capital Jury Project on juror racial attitudes in which more than 1,000 jurors were interviewed in 14 states found that white jurors were far more willing to believe the testimony of police and prosecution witnesses than the testimony of black defendants and witnesses. Legions of other studies have also shown that white jurors are more prone to convict black than white defendants. If the defendant is black, and the victim is white, the likelihood is greater still of a conviction.
Prosecutors and defense attorneys are well aware that white jurors are much more likely to convict black defendants than are black jurors. Though it’s expressly forbidden to try to pack juries with white jurors, prosecutors have a storehouse of seemingly race-neutral legal ploys and maneuvers to do just that. And sometimes, they don’t even bother with the ploys.
The Dallas Morning News revealed in 2006 that Dallas prosecutors systematically dumped blacks from juries for years. The Supreme Court tossed the conviction of Texas death row inmate Thomas Miller-El based on a Dallas prosecutor's brazen racial jury sanitizing. Yet prosecutors still try to get as many whites, and as few blacks as possible, on juries. The thinking is that whites are more pro-prosecution than blacks. They aren't totally wrong.
The crude but more often subtle massage of juries by prosecutors to nail black defendants wreaks havoc with defense attorneys. They well know that they must wage a furious battle to combat often dubious witnesses and evidence against their clients. They know that they have to wage an even more furious battle to combat the racial stereotypes and negative mindsets that many white jurors bring to the courtroom. Some defense attorneys flatly told researchers after the Chicago Reporter study came out that they would much rather defend a white defendant. Then they only have to battle against prosecutors, and not the sneaky and overt racial attitudes of many white jurors.
White is lucky in one sense. The shooting victim lived, and White was and still is out on bail. With the new revelation of possible juror misconduct, his chances of getting his conviction overturned on appeal are pretty good. Countless other black defendants tried and convicted by all or mostly white juries, no matter how questionable the evidence and testimony against them, won’t.
http://news.newamericamedia.org/news/view_article.html?article_id=30578534f7bf5ca26cc6e195be13f310