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Supreme Court – Jury Racial Bias Affects Ability To Receive Fair Trial

The 8 member court seems to be working far better than the 5-4 conservative thugs in robes court. 5 of the 8 rendered this decision. Of course Uncle Tommie Clarence sided with defending his Massa’s racism.

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Uncle Tommie Clarence’s Definition of a Fair Jury for a Black Suspect

Racial bias in the jury room can violate a defendant’s right to a fair trial, Supreme Court says

Racial comments made during jury deliberations may violate a defendant’s right to a fair trail and require review of a resulting guilty verdict, the Supreme Court ruled Monday.

The court’s decision came in the case of Coloradan Miguel Angel Peña Rodriguez, who found out after his conviction that a juror said he felt that Peña Rodriguez was guilty of sexual assault because he was Mexican, and “Mexican men take whatever they want.”

Justice Anthony M. Kennedy joined the court’s liberals in a 5-to-3 decision that said racially biased comments in the jury room may violate the constitutional guarantee of a fair trial and require examining the usual secrecy that surrounds jury deliberations.

Protecting against bias in the jury room is necessary “to ensure that our legal system remains capable of coming ever closer to the promise of equal treatment under the law that is so central to a functioning democracy,” Kennedy wrote. He was joined by Justices Ruth Bader Ginsburg, Stephen G. Breyer, Sonia Sotomayor and Elena Kagan.

Peña Rodriguez was challenging federal rules and those employed in Colorado and elsewhere that forbid challenging statements made during jury deliberations.

He was convicted of groping two teenage girls in a bathroom at a Colorado track where he worked in 2007. He denied it and said it was a case of mistaken identity. The jury acquitted him of a felony charge and convicted him of misdemeanors.

After the verdict, two jurors told defense attorneys that another juror, identified in court papers as H.C., had made the comments about Mexicans and said that as a former law enforcement officer, he had seen numerous similar cases.

Peña Rodriguez’s lawyers wanted the judge to investigate the comments to decide whether they deprived their client of a fair trial. But the judge said he was barred from conducting such a review, and his decision was upheld by a 4-to-3 vote of the Colorado Supreme Court.

Colorado Solicitor General Frederick R. Yarger told the justices during oral arguments that the alleged comments from the juror were “no doubt reprehensible.” But he added that the “citizen jury system requires safeguards to ensure full and fair debate in the jury room and prevent harassment and tampering after verdicts are handed down.”

Chief Justice John G. Roberts Jr. and Justices Clarence Thomas and Samuel A. Alito Jr. dissented.

They said even comments such as those in the Peña Rodriguez case did not justify such a change.

 

 

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Dylann Roof…Guilty!

Hang ’em High! Make an example out of his ass so the the other Trump ishtheads get the message/

Dylann Roof trial: Jury returns guilty verdict on all charges

A jury has found Dylann Roof guilty of all 33 federal charges he faced after last year’s massacre at a historically black church in Charleston, South Carolina.

In the next phase of the trial, scheduled to begin in January, jurors will weigh whether Roof, 22, should be sentenced to death or spend the rest of his life in prison.
Deliberations began Thursday afternoon in Roof’s murder trial after attorneys made closing arguments.
Shortly after deliberations started, the jury asked to again watch the video in which Roof confessed to two FBI agents. Specifically, the jury wanted to see the portion where Roof was unsure of how many people he had killed.
Roof, 22, a self-declared white supremacist, has admitted to last year’s killings at Emanuel African Methodist Episcopal Church.
“He needs to be held accountable for every bullet,” Assistant U.S. Attorney Nathan Williams told the jury, emphasizing what he said was the depth of Roof’s hatred.
“The parishioners could not have seen the hatred in his heart,” Williams said. “He sat and waited until they were at their most vulnerable.”
Family members of the victims sobbed as Williams spoke.
Defense attorney David Bruck said Williams was correct about the events.
“Why, why did Dylann Roof do this?” Bruck said. “What was the explanation?”
Bruck asked the jury to “look beyond the surface” and to ask, “Is there something more to this story?”
The closing arguments come after a week of dramatic arguments and chilling testimony about the June 2015 massacre.
Prosecutors presented Roof as a “cold and calculating” killer. Jurors saw a witness whose son was killed sobbing on the stand. They heard an FBI agent read a series of Roof’s racist writings. And they watched a video of Roof laughing after admitting he killed the victims.
 
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Posted by on December 15, 2016 in Domestic terrorism, Second American Revolution

 

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Cop Who Murdered Walter Scott Walks Free

As predicted. You pick 11 people at random in the South for a Jury – you are going to get at least 1 racist asshole.

 

 

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Oklahoma Cop Convicted of Rapes of Black Women

In something of a surprise, Daniel Holtzclaw, former OKC Cop was convicted of at least some of the counts against him…

Former Oklahoma police officer found guilty of multiple rapes

It is unclear whether the counts will run concurrently or sequentially from the video.

A former Oklahoma City police officer has been convicted of sexually assaulting women he preyed upon in a low-income neighborhood he patrolled.

A jury convicted Daniel Holtzclaw of four charges of first-degree rape and 14 other counts. He sobbed while hearing the verdicts Thursday on his 29th birthday. He could spend the rest of his life in prison, based on the jury’s recommendation he serve 263 years.

The mother of his youngest accuser, who was 17, said the case should demonstrate the problem of sexual misconduct by officers isn’t limited to one police department.

“It’s a problem for the nation,” the mother told The Associated Press...Read Further Details Here

 
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Posted by on December 11, 2015 in BlackLivesMatter

 

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Trolling for a White Trayvon – and the Rights Racist Obsession With Crime

Searching for the white Trayvon – the right wing an Faux News troll the crime ledgers.

The right’s black crime obsession

There are a few black people up to no good in this country and Fox News is on it! So is Drudge Report. Vigilantly on the lookout, 24 hours a day, for stories about black youths behaving badly.

This isn’t a particularly new phenomenon, but it’s intensified noticeably in the past year for at least two reasons. Conservatives, particularly white conservatives, feel a burning urgency to find a racial counterweight to the aftermath of Trayvon Martin’s shooting (including President Obama’s public comments about the incident), a logical response to the argument that things like background checks and an assault weapons ban are appropriate ways to reduce the likelihood of another Sandy Hook-style massacre, and anecdotal justifications for indiscriminate policing of dangerous neighborhoods.

But these are hopeless pursuits. The incidents they draw attention to fail by definition to underscore the things they believe. They all require projecting motives or details or both into tragic events, to create false dichotomies between shootings perpetrated by whites and blacks. They have the unhealthy effect of creating dueling tallies of white-on-black and black-on-white crime. And ironically they all tend to underscore the argument that more “stand your ground” laws and more racial profiling are off-point responses to these incidents.

The latest conservative cri de coeur is over the tragic shooting death of Chris Lane, a 22-year-old Australian attending East Central University in Oklahoma on a baseball scholarship. Two teen boys spotted Lane on a jog last week, trailed him in a car, and allegedly shot him fatally in the back (a third teen reportedly served as their driver). One of the suspects said the boys committed the murder out of boredom.

Word of the shooting spread quickly. And that’s when the right clumsily revealed that its obsession with gun violence reflects an obsession with racial score settling rather than with averting further tragedies. The conservative media, including Fox News, repeated the claim that the Oklahoma suspects were all black. But this turned out to be a toxic mix of racial bias and wishful thinking. You almost wonder whether the people whose ulterior motives led them into error like this actually lamented the fact that one of the suspects happened to be white. It would be so much more convenient if that weren’t the case.

This racist yellow-journalism article kicked off the Tulsa “race riot” of 1921.

But let’s pretend for a minute that the suspects had all fit the stereotype the hosts at Fox and Friends wanted. Then the idea is that Chris Lane’s death should somehow offset Trayvon Martin’s, or that the people who sought to turn George Zimmerman’s actions into a national referendum on “stand your ground” laws are somehow hypocritical for having little to say when the races of the culprits and innocent victims are reversed. For reactionary Obama foes like former Rep. Allen West, R-Fla., the obvious question is, “Whom will POTUS identify w/this time?”

I’ll give West, et al., this: If you ignore motive, circumstance, history and (likely) outcome, then liberals, particularly black liberals, sure seem craven. By that standard, though, Jean Valjean and John, King of England are moral equals — just a couple of guys with similar names taking other people’s property.

This racist yellow-journalism article kicked off the elaine “Race riots” of 1919

So let’s review: George Zimmerman wouldn’t have shot Trayvon Martin if he hadn’t been profiling by race. And even if he had been, the shooting feasibly wouldn’t have happened if he hadn’t been legally allowed to carry a handgun and didn’t think he was empowered by law to take matters into his own hands. The monstrous killing of Chris Lane has no such back story. The killers apparently had no motive whatsoever, were armed illegally, and certainly weren’t trailing Lane because they believed, based on his race, that he might be a criminal. They are, however, likely to face serious prison time for their crimes. Zimmerman walked.

Put that all together, and it turns out these stories aren’t counter-parallel at all. And more to the point, the events don’t even anecdotally augur for policies the right supports. The kids in Oklahoma weren’t “standing their ground,” and a “stand your ground” law wouldn’t have saved Chris Lane. Neither would a stop-and-frisk regime — the killers were trailing him in a car. By contrast, a “stand your ground” environment and a stop-and-frisk mentality were instrumental in Trayvon Martin’s death. Take either away, and there’s a good chance he’d be alive today. Martin in fact personified the statistical folly of stop-and-frisk. If Zimmerman had yielded to real police, they would have, in absence of any suspicious behavior, stopped Martin, frisked him and found only the skittles and iced tea that made his death that much more tragically poignant.

You could twist that into a claim that stop-and-frisk might have saved Martin’s life. But that gets the onus backward. Proponents of profiling policies need to do better than argue we have to violate the civil rights of minorities in order to protect them from hair-triggered vigilantes.

What might well have stopped both killings, though, is making it harder for people, legally or illegally, to come into possession of handguns. That’s a conversation the right is less obsessed with.

 
 

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Jennifer Hudson Family Killer Conviction

One of the most dispicable lies told by black conservatives about the black community has to do with crime. That somehow the black community has failed in policing it’s own. This is despite the fact that more black men have been incarcerated sine Raygun’s “War on Drugs” than were held in slavery in 1860, at the start of the Civil War.

Because 90% of crime is intra-racial – this means that it’s within the community, AND if the Justice System is selecting a “Jury of Peers”…

That many of the jurors are black.

So the community that is supposedly doing nothing, or in the most racist screeds by the Uncle Tom black conservative set is acquiescent to the criminality…

Is the same one that has put 1.5 million black men in jail for their crimes.

Hardly “doing nothing”.

The problem is – the “Criminal Industrial System” in America is a failure – taking small time users, giving them sentences with hard core felons…

And making more felons.

Indeed the sole purpose of the “War on Drugs” is to suppress the vote. There is an excellent book on the subject by Michelle Alexander – “The New Jim Crow – Mass Incarceration in the Age of Colorblindness”.

Read it.

Jennifer Hudson Family Murder Trial: William Balfour found guilty on all counts

After three days of deliberation, jurors found William Balfour guilty in the October 2008 shooting deaths of the Oscar-winner Jennifer Hudson’s mother, brother and nephew.

Balfour has been convicted on all seven counts against him, which include three counts of first-degree murder, one count of home invasion, one count aggravated kidnapping, one count residential burglary, and one count possession of a stolen motor vehicle.

Hudson, who expressed her undisguised disdain for William Balfour when she took the witness stand and who endured weeks of excruciating testimony about the October 2008 killings, was visibly overcome with emotion as the verdict was read. Hudson’s eyes filled with tears and she shook her head and bit her lip. Afterward, she looked over at her sister, Julia Hudson, and smiled.

Balfour, the ex-husband of Hudson’s sister, killed 57-year-old Darnell Hudson, 29-year-old Jason Hudson and 7-year-old Julian King. Prosecuters believe that Balfour shot the family in a jealous rage because ex-wife Julia Hudson was dating another man.

Balfour, 31, now faces a life sentence in prison.

Just for the heck of it… One of my favorite artists, Howard Hewitt…

 
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Posted by on May 12, 2012 in Domestic terrorism

 

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The New Jim Crow – Racial Jury Exclusion

Guilty!!!!!!!

Study: Blacks Routinely Excluded From Juries

Twenty-five years ago, Earl Jerome McGahee was charged with two counts of murder in the deaths of his ex-wife and her friend.

McGahee, an African-American, was tried by an all-white jury in an Alabama county that was more than 55 percent black.

The district attorney dismissed every one of the 24 blacks who qualified to serve on the jury, including Edith Ferguson, who had worked for the Selma, Ala., Police Department for many years. The reason cited for striking Ferguson from being a juror: “low intelligence.”

Bryan Stevenson of the nonprofit group Equal Justice Initiative tells NPR’s Guy Raz that assertions about intelligence are “one of the most troubling but persistent reasons” given to dismiss potential jurors who are black. Many of those potential jurors are college graduates, Stevenson says.

Last year, McGahee was granted a new trial because of the racially discriminatory jury selection in his original case. But many defendants are not so lucky.

Study Documents ‘Widespread Discrimination’

In a new study, Stevenson’s group details “widespread discrimination” in the selection of jurors across the Deep South. Read the rest of this entry »

 
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Posted by on June 21, 2010 in The New Jim Crow

 

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