Two cases that will be heard early on, for example, will require the Court to confront racial bias in the criminal justice system, even as Americans struggle to come to grips with the fact that African Americans are disproportionately arrested, jailed and given harsh sentences.
In the case of Buck v. Davis, a jury sentenced Duane Buck to death, rather than life in prison, after a purported “expert” witness — called by Buck’s own attorney —testified that the defendant was more likely to be dangerous because he is African American. Given long-standing and persistent stereotypes that African American males are prone to violence, it’s hard to imagine that testimony didn’t affect the jurors deciding Mr. Buck’s fate. Nevertheless, the lower courts held that Mr. Buck’s sentence should stand because he didn’t raise his claim quickly enough that his counsel was ineffective.
The second case, Peña Rodriguez v. Colorado, involves a juror who allegedly made several racially discriminatory comments about the defendant and his alibi witness during jury deliberations. For example, the juror stated that he did not trust the defendant’s alibi witness because, among other things, he was an “illegal,” even though he had testified at trial that he was a legal resident. The jury convicted the defendant, but the lower courts refused to inquire into the allegations of racial bias based on a rule that bars courts from examining what occurred during jury deliberations - except in specified circumstances not present here.
The second case, Peña Rodriguez v. Colorado, involves a juror who allegedly made several racially discriminatory comments about the defendant and his alibi witness during jury deliberations. For example, the juror stated that he did not trust the defendant’s alibi witness because, among other things, he was an “illegal,” even though he had testified at trial that he was a legal resident. The jury convicted the defendant, but the lower courts refused to inquire into the allegations of racial bias based on a rule that bars courts from examining what occurred during jury deliberations - except in specified circumstances not present here.
Comments
Post a Comment