Also in question if jury nullification challenges the statute of the law when making a decision to acquit the defendant on how the jury feels fit on the punishment of the defendant and the law. Past criminal trials have made headlines and the jury’s verdict in question. This allows society to lose faith in the criminal justice system and affect future trials. Jury nullification decides the fate of a defendant and questioning if the jury-based the decision on race should not be an issue. For race-based jury nullification Race-based nullification is not promoted as a positive thing all the time but evening out races throughout a jury may influence the verdict.
The jury will sympathize with the defendant, because they believe that they were treated or charged because of race. Jury Nullification has become very controversial because a number of well-known African American scholars encouraged Black jurors to acquit Black defendants Ethnicity not only influences courtroom proceedings and judicial practices, but also practices prior to and following. Because racism still exists within the world, it will continue to overlap within the criminal justice system. According to McNamara and Burns (2009), research suggests that a higher percentage of Hispanics and African Americans were more likely than White to face criminal charges There are various arguments for and against ethnicity- based jury nullification. The pros of race-based jury nullification include: guilty offenders are kept incarcerated, fair trials are warranted, and last but not least there is one
In many circumstances a jury may dismiss the testimony and evidence and inject their own personal opinions regarding the law. This is known as jury nullification. Jury nullification permits juries to acquit even when the facts of the case suggest they convict, and thus enables citizens to play a more active role in determining justice and what or whom should be punished (McNamara & Burns, 2009, p. 265). Influence of Ethnicity within the Courtroom An individual’s race or ethnicity can have a substantial influence on courtroom proceedings and judicial practices. Many people, regardless of their own race, have preconceived notions of individuals that are charged with a criminal offense.
The results, of the crime control model are wrongful convictions, being over-turned and this is a major downfall in the criminal justice system. On the other hand the due process model is more concerned with the structure and the efficiency of the law. The due process focuses on evidences and facts in a case and ensures that a person in innocent until proven guilty in the court of law. In addition the due process model goal is the prevention and the elimination of crimes within the criminal justice
The tutorial discussion this week was essentially discussing how the system operates and some of the flaws within the system such as false convictions which come about through human error or in extreme cases racial bias (Alberto F. Alesina, Eliana La Ferrara, 2011). There was also discussion about the members of the jury and if they are qualified or competent to decide he guilt or innocence of an individual based on their opinions and perceptions of the trial. My view on the criminal justice system is that overall the system is adequately effective in terms of providing a fair trial for the accused and well suited to punish individuals based on viable evidence and the judgment of experienced judges and magistrates. These issues reflect the interests of the JSB173 unit because the unit focuses on a fair trial through either the
Jury nullification is the right of any jury during a trial to decide the guilt of the defendant even if the judge has already found the defendant guilty of charges and has decided the punishment. The jury can overturn the judge’s verdict and allow the defendant to go free without serving any time for the guilty verdict. This is if they believe that the guilty verdict is unjust for the crime that was committed or the law that is being served upon the defendant. Ethnicity based jury nullification is when the jury would be composed of a specific race based on what race the defendant. This way, the jury would allow the defendant to go free based on the fact of race to prove a point to the criminal justice system that they need to stop going after minorities.
Qualitative data collection involves collecting data that reflect feelings, attitudes and emotions about people's experiences. Such data tend to be richer in detail than data obtained by quantitative means. Sociologists since skolnick have discussed the existence of a canteen culture that can reinforce racial prejudice. In addition the McPherson report following the Stephen Lawrence murder found evidence of institutional racism in the metropolitan force. A qualitative approach to researching this would be centred on trying to understand the factors and meanings that lie behind the attitudes of ethnic minorities.
The personal “context examines right and wrong, good and evil – life experienced and lived, for better or worse, from the inside out” (Braswell, McCarthy, & McCarthy, p.4, 2012). Whatever Brooks and the prosecutor’s life experiences had been, had a part of an impact on their decision. Their personal life experiences altered their view of the justice system and whether or not a conviction would have taken place without Brooks’ false testimony. The second context is justice. Why did Brooks knowingly lie about what Spradley said?
If the only reason to pull someone over depends on his or her race, this causes a discriminatory impact. Police departments begun to review data on stops and change police officers behaviors, arguments and attitudes towards the leading of stereotype based discriminatory treatment. (Racial profiling, 2012) This researcher frowns much upon racial profiling but with surveys conducted every day on who is likely to commit a crime, and what age, and what sex, and what minority group then people tend to lean towards these surveys proving that race is a huge part of crime involvement. In conclusion, criminal profiling works as an investigative tool to help solve crimes. Criminal profiling has come a long way and still needs a lot of improvement.
Racism is the belief that all members of each race possess characteristics or abilities specific to that race, especially so as to distinguish it as inferior or superior to another race or races. Racism has evolved throughout the years. From the Los Angeles Rodney King beating to the slaying of Michael Brown in St. Louis, law enforcement officials continue making racism an issue within the world. People don’t always understand what the officer faces, though. Police Officers must make quick determinations of wrong doing in most situations.