Police Influence on Society

Jury Nullification

Jury nullification, a process not usually known to the public, or those who are selected for jury duty, is a right given to jurors to acquit a defendant. Ethnic and minority influences in the criminal justice courtroom, arguments for and against ethnicity-based jury nullification, as well as two contemporary examples of jury nullification will be addressed. Upon a thorough examination of these topics, an opinion of my own will be shared.

Ethnicity and Minority Influences

Throughout the courtroom process there are many steps, and ethnicity or minority race can be either a positive or negative factor in how those processes are determined. Starting with the prosecutor, when filing charges they have several important decisions to make, and there is room here for prosecutorial abuse in deciding whether to move forward with the case. If a grand jury hearing is selected, the prosecutor must maintain only a low level of proof that the case should proceed, the defendant is not present, and only one half to two-thirds of the jury votes hold the deciding factor of allowing the prosecutors burden of proof. Even jury selection gives room for bias and racial discrimination with challenge of cause or peremptory challenges.

Judicial discretion may be influenced by ethnicity in making the decision of pre-trial release. According to MacNamara (2009), evidence suggests that some judges still consider race and other extralegal variables with regard to decisions concerning bail. MacNamara (2009), also suggests that there is controversy involving the uncertainty of how variables such as race, gender, and ethnicity influence judicial discretion.

According to MacNamara (2009), if an individual is poor, there is also reason that they will not have funds available to make bail, which poses a challenge for ethnic minorities, more so for Hispanics than even African-Americans. Lack of funds to obtain legal counsel is also an issue. Court-appointed counsel has less experience, are overburdened with caseloads. Ethnic and minorities also are more likely to enter a guilty plea in exchange for the benefit of a lesser sentence. According to Shugart (2006), ethnic and minority behaviors, and ‘lifestyle choices’’ that tend to be problematic consistently are viewed as racial or ethnic stereotypes; accordingly, class and race/ethnicity are established as the loci of moral transgression.

Arguments For and Against Ethnicity-Based Jury Nullification

According to MacNamara, 2009, former U.S. Attorney Paul Butler commented on the power involved with jury nullification. He suggested that jury nullification was historically engaged by white jurors, and black jurors should do the same; victimless, nonviolent offenses (e.g., drug possession) should be considered for Jury nullification (MacNamara, 2009). He adds that jury nullification

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