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Race-Based Jury Nullification

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Race-Based Jury Nullification
Race-based Jury Nullification

Cultural Diversity in Criminal Justice

Race-based Jury Nullification

Racial differences within the court system of the United States can create various interpretations of laws and the impartiality of such laws. Minorities within this country may believe that the criminal justice system has prejudices and may dismiss the legality of certain laws. Jury nullification is a process in which members of the jury exonerate a person of a guilty verdict although the evidence presented in the case overwhelmingly proves the person’s guilt. People within the jury may believe the laws are not fair, do not apply to the particular case, or they may empathize with the defendant (McNamara & Burns, 2009).
Some advocates of race-based jury nullification believe that using this technique helps to defend their rights and to dispute unfair government practices. Some people believe that the justice system benefits White people while oppressing the rights of minority people. This process allows these people to stand up for their rights and to voice their concerns through precise and expressive means. Members of a jury cannot receive punishment for their decisions in a case, and a person cannot experience double jeopardy for the same or similar charges once acquitted. The proponents of this process believe this is their approach to protesting governmental authority or bias.
Opponents of race-based jury nullification believe that a jury should defend the laws of the country and base their decisions on the facts of the case. These people believe juries should not consider a person’s race or express opposition of laws in this manner. Some of these people believe that this process may allow dangerous criminals back into society with no repercussions for their actions. People who oppose race-based jury nullification believe that a person’s sentiments should not become a factor when making a decision about a case.
New York v. Bernard Goetz On


References: Berger, J. (1987). Analysis; Goetz Case: Commentary on Nature of Urban Life. New York Times. Retrieved from: www.nytimes.com/1987/06/18/nyregion/analysis-goetz-case CBS Interactive. (1990). CBS Evening News, January 19, 1990. Retrieved from: http://w ww.youtube.com/watch?v=iVncpaZWxZE Justia Company. (2011). 961 F.2d 260: United States of America v. Marion S. Barry, Jr., Appellant McNamara, R.H. & Burns, R. (2009). Multiculturalism in the Criminal Justice System.
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