Race Based Jury Nullification: A Path To Equality!
Jemal (1997)

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    Should black juries refuse to find black defendants guilty in criminal trials?  This is a raging debate in some legal communities regarding the appropriateness of race based jurry nullifcation and whether whether it is appropriate for black jurors to use such practices.  Yet this debate is happening largely in Eurocentric arenas and  black voices for the most part aren't being heard on the subject.  This is a hard question which I am still researching, however, based on what I know of history, the legal system, and how the legal system deals with black defendants, I say they should.  Now let me qualify that statement, Black jurors should in my opinion seriously consider jury nullification as an exercise of political power under the right circumstances as detailed below.  But first let me tell you what jury nullifiction means.

    Jury nullification is simply a voter refusing to follow the law when the juror feels that the the law or the result of following the would be unjust.  This ability to literally ignore the law is a central part of american jurisprudence.  It is not, however, something that any juror will be instructed on by the court system.  In fact, the system will do everything possible to stop jurors from using this power.  The rationale for the courts efforts is simple, if enough people did it, then the courts would be largely ineffective.  So the courts have taken steps to curb its use.  A basic method used is the prevention of attorneys from being able to tell jurors that jury nullification is an option.  That doesn't mean that attorneys will not try, but if they are too obvious then there could be serious reprecussions for them and their client. But jury nullification is not illegal for jurors.  In fact, there is no punishment of any kind for jurors who exercise this option.  Therefore, you as a juror should be aware of this option and even use it if it is appropriate.

    That is why I maintain that all blacks should always consider jury nullification.  Jury nullification should be used when the law is patently unjust and discriminatorially aimed at black and brown people.  Black and Brown jurors should simply refuse to convict.  Plan and simple.  Further, I would extend this to include non-race based decisions as well, but that is another discussion.  Basically, jury nullification is another tool that blacks can and should use to effect change in American society. But that is the only time that it should be used.  Making change in america means more than just letting a black face get away with a crime.  That I do not support.  However, given that the system is designed to put blacks in jail for largely economic crimes while letting child molesters, rapist and murderers go free, one must take into account what that does directly to black communities and black families.

    As an admitted black conservative, I think there should be strict punishment for criminals.  I think that all blacks are conservative when it comes to crime in general. This is the major problem with race based jury nullification and criminal cases.  It involves letting criminals back onto the streets to continue to plague our communities and kill our children.  Therefore race based jury nullification by itself must be avoided.  Instead the juror is urged to look at the totality of the situation and consider such things as race, fairness, background, negro history in america, the offensiveness of the crime, does the punishment fit the crime and is it a death penalty case before deciding whether to engage in jury nullification or not.  Then make an individualized decision based on those facts for that particular case as to whether it would be fair to find this person guilty of the crime.  Of these "factors" I think that race should definitely be weighted the highest in terms of relative importance and effect the decision accordingly.  By considering race, the jury should also be considering the state of the law (i.e. three stricks, mandatory drug sentencing, the 1:100 ratio of cocaine vs. crack in sentencing, etc) and whether that law is unlawfully or discriminatorially aimed at unjustly caging and imprisoning blacks.

    The second problem that I have with race based jury nullification is that it can be and has been used by white juries to free whites who have illegally harmed blacks simply because they where white.  It is true that is reason enough for Blacks to engage in race based jury nullification.  But that is also the danager.  By advocating that we use it for racial ends, that opens the door for continued use by our enemies to let those that harm us go.  Now black jury nullification is an appropriate way to address this problem, but we must be careful and selective and not just let people go because they are black.  This as detailed above could be very self-destructive and in turn hamper some of our other long range goals (increased community safety/drug free communities, etc.).   And while I agree with this on many ome levels, I would also urge you to remember how we felt after the Rodney King beating towards that all white jury, becuase that is how the victim (white, black or other) will feel after you engage in jury nullification.

8/12/1998 10:00