Thursday, June 28, 2012

DETROIT: Jury System Flawed here...




Detroit, as we all know, is a hot bed of corruption and has been for some time now. The former mayor Kwame Kilpatrick was as crooked as they come and he had a host of buddies that profited from his crookedness, even his own father.

Bobby Ferguson got away with millions of tax payer money and was finally brought to trial with solid evidence all over the place, we are told, so his conviction was a slam dunk.

Before the trial, Ferguson’s lawyers complained that he was not getting a fair trial because he was not being judged by a jury of his peers. I knew right then and there, we were heading for a mistrial.

To me, being judged by a jury made up of my peers means that the jury is composed of people from my city, town, village or county. To Ferguson’s lawyers, his peers means his fellow blacks… which to me is an issue steeped in racism and has no place in how juries are chosen or how juries do their sworn duties; people on the juries are sworn to judge the evidence presented to them in a color-blind fashion; am I naïve?

Anyway, there have been cases in  recent history where the black defendant was absolutely guilty judging by the evidence presented and according to the men and women of the jury hearing the case EXCEPT for the lone black juror (usually female) who disregarded the evidence and instead blocked conviction because she just could not convict a fellow black on principle.

In the Ferguson case it appears that in the face of overwhelming evidence, one female black juror scuttled the entire effort of the prosecution on the grounds that she could not convict a fellow black. In this case there was at least one other black juror (male) who thought Ferguson was guilty and was disappointed at the lone holdout.

Our jury system is not perfect and I think we all know that but it is our system and our right to be tried by our peers but I suspect there is a cultural problem that is being exploited by conniving defense lawyers to the detriment of our system of jurisprudence.

We all remember the infamous O.J. Simpson case but there have been many other miscarriages of justice based on a culture of racism that has no place in our society today.

You can call it getting back at all the miscarriages of justice by all white juries in the South that found blacks guilty and sentenced to hang based on the color of their skin and not on any evidence but that has to stop at some time and the time is now.

All jurors are obligated to be impartial judges of the evidence presented to them and I feel there must be a process where a juror’s obvious obstinacy based on bias and not on presented evidence, must be identified and dealt with so as not to waste taxpayer money on expensive retrials.

I know I will be reminded of the great play and movie, THE TWELVE ANGRY MEN which is such a classic but even in that classic about one hold-out juror eventually convincing the other eleven of the defendant’s innocence, race was not an issue in the story and it should not be an issue in our story today.

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