A) You must answer one (1) of the questions in detail and respond to one (1) of your fellow classmates. It is expected that you will research and write each response with a minimum of 200 words. Defend your answers with research. Need two different citation
The Supreme Court has repeatedly asserted that a defendant is not entitled to a jury “composed in whole or in part of persons of his own race.” Although these rulings establish that states are not obligated to use racially mixed juries, they do not prohibit states from doing so. In fact, a number of policymakers and legal scholars have proposed reforms that use racial criteria to promote racial diversity on American juries. Some have suggested that the names of majority race jurors be removed from the jury list (thus ensuring a larger proportion of racial minorities); others have suggested that a certain number of seats on each jury be set aside for racial minorities. How would you justify these reforms to a state legislature? How would an opponent of these reforms respond? Overall, are these good ideas or bad ideas?
In this chapter, we present a number of examples of lawyers who “played the race card” in a criminal trial. Almost all of them involved prosecutors who appealed to the potential racist sentiments of white jurors. But what about defense attorneys representing African-American defendants who attempt to appeal to the potential racist sentiments of African-American jurors? Does this represent misconduct? How should the judge respond?
B) You must answer one (1) of the questions in detail and respond to one (1) of your fellow classmates. It is expected that you will research and write each response with a minimum of 200 words. Defend your answers with research. Need two different citation
As discussed in Box 7.8 in your textbook, African Americans are more likely than whites to be willing to serve time in prison rather than be sentenced to some alternative to incarceration such as electronic monitoring or intensive supervision probation. What accounts for these racial differences in perceptions of the severity of sanctions?
Do you agree with the Supreme Court’s decision (Wisconsin v. Mitchell) upholding sentencing enhancements for hate crimes? Why or why not?
Question A:
Racial diversity on juries is crucial for promoting fairness and ensuring equal protection under the law. Research has shown that diverse juries lead to better decision-making, increase juror satisfaction, and enhance public trust in the justice system (Sommer & Carlisle, 2015). However, the current practice of selecting juries based solely on voter registration or driver’s license records tends to produce racially homogenous juries, which can lead to bias and discrimination.
One way to promote diversity on juries is to remove the names of majority race jurors from the jury list, as suggested by some policymakers and legal scholars. This approach, known as “randomized jury selection,” has been implemented in some states and has been found to significantly increase the number of minority jurors (Bowers & Steiner, 2013). Another approach is to set aside a certain number of seats on each jury for racial minorities, which has also been shown to increase diversity on juries (Kang, 2006).
Opponents of these reforms may argue that they violate the principle of equal treatment under the law and may lead to reverse discrimination. However, randomized jury selection does not discriminate against any particular group but rather ensures that the jury pool is more representative of the community. Similarly, setting aside seats for racial minorities does not exclude majority race jurors but rather creates a more balanced and diverse jury.
Overall, randomized jury selection and seat set-asides for racial minorities are good ideas because they promote diversity on juries, increase fairness in the justice system, and enhance public trust in the judiciary.
Reference:
Bowers, W. J., & Steiner, B. D. (2013). The impact of race and ethnicity on jury selection: Using scientific methods to expose discrimination. Psychology, Public Policy, and Law, 19(1), 77–87. https://doi.org/10.1037/a0030603
Kang, J. (2006). Trophies of the civil rights movement: Racial preferences in criminal trials. Vanderbilt Law Review, 59(3), 799–867. https://doi.org/10.2139/ssrn.688981
Question B:
The willingness of African Americans to serve time in prison rather than accept alternative sanctions may be attributed to several factors, including a lack of trust in the criminal justice system, a belief that alternative sanctions are ineffective, and a fear of being stigmatized as a criminal offender (Western & Pettit, 2010). African Americans have historically been subject to racial discrimination and bias within the criminal justice system, leading to a lack of trust and confidence in the system. Additionally, alternative sanctions such as electronic monitoring or intensive supervision probation may be viewed as insufficient or inadequate, particularly in cases involving serious offenses.
In Wisconsin v. Mitchell, the Supreme Court upheld sentencing enhancements for hate crimes, stating that such enhancements do not violate the First Amendment and are consistent with the principle of equal protection under the law (Wisconsin v. Mitchell, 1993). I agree with this decision, as hate crimes are particularly heinous offenses that not only harm the individual victim but also send a message of intolerance and hate to the broader community. Enhancing the punishment for these offenses sends a clear message that such behavior will not be tolerated and can serve as a deterrent to others who may be inclined to commit similar offenses.
However, it is important to ensure that hate crime statutes are applied fairly and equitably across all racial and ethnic groups, and that they do not disproportionately affect certain groups. Additionally, hate crime statutes should be narrowly tailored to avoid encroaching on First Amendment rights, particularly free speech and association.
References:
Western, B., & Pettit, B. (2010). Incarceration and social inequality. Daedalus,
