I have been blogging about a juror phenomenon that I have
been noticing for some time now and now others have noticed too and recognize
that it is becoming a major problem in our system of justice.
I am talking about specifically, black jurors that will not
convict fellow blacks even if the evidence against the defendant is
overwhelming. Usually, the one hold-out juror creates a mistrial and a new
trial is ordered by the judge.
This hold-out juror phenomenon is playing havoc with jury
selection in the Kilpatrick, et. al. federal trial for corruption, etc. In
fact, the phenomenon is so real, Kilpatrick is absolutely sure he will be
acquitted after a number of mistrials are declared and the government will no
longer try cases they cannot win, even knowing full well that Kilpatrick and
cohorts are absolutely guilty.
A new case demonstrating this phenomenon just popped up this
week in Detroit .
A 19 year old black male shot and killed a 12 year old black
girl while arguing over a missing cell phone.
The lone black juror told the rest of the jury that he has
made up his mind and will not discuss the case anymore. The jurors asked the
judge for help but the judge could do nothing but declare a mistrial over a
11-1 deadlock.
This is obviously a cultural phenomenon but not a phenomenon
that all blacks share so it must be a phenomenon shared by a narrow band of
blacks that have decided they will not convict black people even though they
are guilty as hell.
This does not serve the greater community well or more specifically,
the black community which is trying to stem the ever increasing rate of crime,
especially homicides, in their community.
The immediate affect of this phenomenon is that fair trials
are impossible in Detroit where defendants demand blacks on their juries, which
is a legitimate request, knowing full well that there may be the lone-holdout
black in that number.
This phenomenon is hard to grasp. We know it is racial in
nature but who benefits from this action? Obviously the guilty defendant who
will be re-tried but who else? The community looses tax dollars on re-trials
and just postpones the inevitable…so what is the purpose?
More as ideas start to flow…
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