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Court to Settle Dispute Over All-White Jury

More news stories on Liberal Myths

Yahoo! News, September 30, 2009

The Supreme Court will decide whether a man’s murder conviction should have been thrown out because there were too few African Americans in a county’s jury pool in Michigan.

State officials are asking the high court to overturn a decision by the 6th U.S. Court of Appeals in Cincinnati.

That court threw out the murder conviction of Diapolis Smith for shooting a man in Grand Rapids in 1991.

Smith, who is black, was found guilty by an all-white jury. He said his constitutional right to a jury that represents the community was violated because there were only three blacks in the pool of 60 to 100 prospective jurors.

{snip}

Blacks in the city made up 85 percent of all blacks in the county.

{snip}

The case is Berghuis v. Smith, 08-1402.

Original article

(Posted on October 2, 2009)

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Comments

1 — Kenelm Digby wrote at 5:42 PM on October 2:

The closest analogy is to feudalism in mediaeval England.
In that case, the nobility were exempted from the ‘justice of the commons’ and could only be tried by their ‘own peers’.
In the modern USA the priveleged class are the blacks, but it’s strange that their is nothing new under the sun.

2 — Question Diversity wrote at 5:57 PM on October 2:

White people are obviously so stupid that they can’t pass criminal judgment on a black defendant. That’s what they’re telling us.

There is no such thing as a “constitutional right” for black defendants to have at least one black person on the jury that decides their fate. However, Federal civil rights legislation almost guarantees that. As an example, prosecuting attorneys are not allowed to make preemptory challenges against potential black jurors if the defendant is black. They can still try to dismiss them for cause.

When a black defendant has a black juror, this increases the chances greatly for racial nullification. The more black jurors on a particular panel, the greater the chances.

I take this defendant’s contention with a grain of salt, because all the blacks that could have been on the jury were therefore dismissed for cause.

3 — sbuffalonative wrote at 7:02 PM on October 2:


Here in Buffalo, we had a similar case (prosecuted by Johnnie Cochran no less) that resulted in creating the option that city residents could opt to chose from a pool of city prospective jurors.

The jury pool had included all county residents. Since blacks don’t like showing up for jury duty, there are always too few blacks in the pool. After the case, Mr. Cochran successfully got the measure passed.

I don’t know how many blacks have chosen this option because, although it may appear to favor them at first, if they lose with black juries, they can’t claim a racially biased jury and get a re-trial.

4 — ranger wrote at 7:10 PM on October 2:

The radicals can call it anything they want, but it is an irrefutable truth that complaining about too many whites on the jury of a black defendant is one of the largest admissions possible that multiracialism is a failure.

Case closed.

5 — A Reader wrote at 7:13 PM on October 2:

Racism in it’s purest form: a murderer may get away with murder purely because of his race (should he be white there would be no question of legality of the verdict).

It’s mind boggling how stupid the “Liberal” indoctrinators and their pet minorities are. Unfortunately, they are being taken seriously by many otherwise intelligent people.

One day, I suppose, they will come up with this paramount of “Liberal” absurdity:

“I hate this racists every bit as much as I hate these whites.”

That would be fair description of their anti-white self-contradictory ideology.

6 — Anonymous wrote at 7:46 PM on October 2:

Blacks are less likely to be in the jury pool because they don’t show up for jury duty, or they asked to be excused from jury duty, of they are ineligible for jury duty because of passed convictions, outstanding warrants, and other conflicts with the law.

7 — NBJ wrote at 8:44 PM on October 2:

Ridiculous. Even if he had an ALL black jury, does it change the evidence against him? Or is he hoping that a few more black jurors would take pity on him and give a verdict based on emotion rather that the facts?

My guess is he could have had a few more black jurors if they had taken the time to show up for jury duty.

8 — the Soviet Republic of New Jersey wrote at 9:02 PM on October 2:

I have been called for jury duty in my New Jersey County at least 10 times. Each time I went I have never seen a black in the jury pool room. The county and State are 40 percent black so how can the Court not have blacks? There are Hindu Indians, Chinese people, Hispanic people and White people but no Blacks. I think this is designed to insure that the Black convict will have grounds for appeal. New Jersey only has unelected political judges.

9 — the Soviet Republic of New Jersey wrote at 9:13 PM on October 2:

These judges are determined that BLACK CRIMINALS walk away from their murders, rapes, and other crimes for a reason that warrents a regime change. We can no longer live in a nation where judges assist criminals in destoying our loved ones. We use to tolerate this if the government just left us alone but we are no longer being left alone.

10 — Anonymous wrote at 9:55 PM on October 2:

This is ridiculous, as NBJ said, because it presupposes that personal bias overrode the ability of the jurors to examine the evidence. The whole jury-selection process is supposed to address this.

But it worries me somewhat, because ridiculous things happen all the time when countries come under the spell of Equality, and especially now with the trial of Lamaricus Davidson. His jury is composed of 7 white women, 4 white men, and 1 black man. All 6 alternates are white.

11 — Anonymous wrote at 10:01 PM on October 2:

If blacks were less likely to be convicted felons, and could legally participate in the jury selection process, perhaps we would have a jury that represented the community.

12 — Peejay in Frisco wrote at 10:28 PM on October 2:

A black who killed two homeless whites in the mudflats of Berkeley, Ca had his conviction thrown out recently for the same reason.He was on death row for two decades.He had previously served prision time.If he is retried, what are the chances of a convivtion? Cant be very high.

13 — Nancy wrote at 11:45 PM on October 2:

I live in an area where Whites make up less than 30% of the population. Yet recently when I went on jury duty, the pool of prospective jurors was about 95% white. Clearly, blacks and Hispanics either ignore the jury summons or, in the case of Hispanics, they don’t quality because they’re not legal. There is supposedly a $1,600 fine for ignoring a jury summons. But I’m willing to bet it’s only enforced against Whites. Otherwise, blacks would be screaming that they are “disproportionately targeted.”

I’ve also noticed in recent years, they no longer send me to the courthouse that’s just two miles away from my home. They try to send me far away, and will not allow me to change courts. I suspect they are deliberately sending jurors to courthouses in faraway neighborhoods in order to achieve a racial mix. Just one more “joy of diversity”…having to travel long distances for jury duty when there are courthouses much closer and more convenient.

14 — Winston Smith, Airstrip 1. wrote at 4:55 AM on October 3:

I thought race does not exist, that it is supposed to be just a ‘social construct’? The accused is judging the jurors not by the ‘content of their character’, but by the colour of their skin. It is surely ‘racist’ to have even noticed their skin tone?

As usual the pampered descendants of Africans, wherever they are, want to have their cake and eat it.

15 — Southern Hoosier wrote at 9:36 AM on October 3:

If you have an all White jury then you can’t convict a Black criminal. If you have Blacks on the jury then you have a hung jury.

Sounds like a win win situation for Black criminals.

What Diapolis Smith is arguing is that Blacks and Whites are not peers; ie not equal. That sounds like racism.

16 — Bill wrote at 12:18 PM on October 3:

Do a statistical review of convictions of blacks by majority black juries versus by majority white juries. You will find that (1) black juries convict blacks less and/or (2) black juries are less likely to vote for the death penalty for a black unless the crime was particularly heinous or the victim was BLACK. That’s why the push for jury composition as a strategy for appeal. A review of facts versus conviction in both cases will always show a white jury is more likely to find on the facts, while a black jury is more likely to find based on COLOR. Jury nullification in other words. And the one poster is correct. Black juries are hard to compose because blacks have a HIGH incidence of prior arrests and convicitons therefore are ineligible. It was announced on the news this past week that HALF OF ALL BLACKS in Dane County Wisconsin are IN jail, HAD been in jail, or are currently ON PAROLE. This, of course, was attributed to bias not behavior. But, fact remains, HALF of the blacks in Dane County Wisconsin are INELIGIBLE for jury duty. I imagine that is the case pretty much everywhere.

17 — Anonymous wrote at 12:22 PM on October 3:

If thats the case then all Whites have a right to all White juries.
Ueah, but imagine an all White jury, White defendant, Black victim. If there’s no conviction, they will yell and scream about that too.
What they really want is for all Blacks to go free and all Whites to go to jail.

18 — Duhhh What? wrote at 4:04 PM on October 3:

Reminds me of a story my dad once told me about….

My father says he was selected for jury-duty in the trial of a black man who was charged with grand larceny. He said all the other jurors were white except for one black man. My dad said all the evidence pointed to his guilt and everybody put in a vote for guilty EXCEPT for the black juror. When asked why he said the black juror said, “I just cant see myself sending another brotha(fellow black) to jail…”

19 — ice wrote at 5:28 PM on October 3:

Why do whites jump through hoops trying to please blacks even though their crybaby complaints are always baseless?

The answer is obvious. They don’t want blacks suceptible to takeover by communist influences inside the country. These situations where whites are bending over backwards to placate black miscreants is no more than manuevers to give them what they want so they don’t create a Marxist insurgency throughout the country.

Whether it’s a black nitwit with an I.Q. of about 90, holding a law degree or another one with an AA degree in medicine, these are products of the policies of the white cowards we have in positions of power.

So, if they have to continue lying about racist black on white attacks, or letting killers, muggers and rapists go free, it’s all in the name of placating the black miscreants so they won’t take up arms and jeopardize the assets and power of these spinless white elites.

So what if your kid is beaten to a pulp and called honkey or Pillsbury Doughboy? That’s not a hate crime. It’s rage against oppression and racism, don’t you see? And we must NEVER call it by its rightful name.

Now if these happenings involved the elites on a weekly or daily basis and hit home that often, well….I mean, that’s a different story. Something then would have to be done about the “gangbangers” in our midsts, both black AND white, and dutifully reported by the brainwashed eggheads in the fringe media, aka the MSM, as an attack by those outside the law not involving race at all.

No, my friends, whitey the spineless elite and whitey the moronic dope, who is brainwashed into thinking blacks are all good and guilt-free, both will not move from their positions on mere truth alone.

That’s why I’ve always sounded the warning that a complete economic collapse is probably one of the best things that could happen to this country and the entire West. Stripping an imbecillic snob of his wealth, and thrusting him amidst the tulmultuous non-white masses works magic on his attitude and his ideology.

20 — reggie18b wrote at 5:30 PM on October 3:

If blacks cannot serve on juries because they have convictions, it is only a matter of time before the rules are relaxed and convicted felons will sit on juries.
This case presupposes people will naturally favour their own race when serving on juries. This undermines the whole concept of the jury system, which was of course devised in a racially homogenous society.
In the long run the jury system will be abandoned. Another nail in the coffin for traditional white liberty and protection from the state. ‘Divide and rule’ in practice.

21 — Grafted Devil wrote at 7:16 AM on October 4:

19 — ice wrote at 5:28 PM on October 3:

ice…Right On, Brother….youve said a million words in just a few…

I love this….

“No, my friends, whitey the spineless elite and whitey the moronic dope, who is brainwashed into thinking blacks are all good and guilt-free, both will not move from their positions on mere truth alone.

That’s why I’ve always sounded the warning that a complete economic collapse is probably one of the best things that could happen to this country and the entire West. Stripping an imbecillic snob of his wealth, and thrusting him amidst the tulmultuous non-white masses works magic on his attitude and his ideology.”

Thats the same thing I told alot of liberals that were literally squirting themselves when the first affffrican American made the Whites House…I cant wait until they have to live in this America they are creating for us all…

ONE DAY their decisions are going to land on their own couch….and I cannot wait until that happens…

My uncle, a very well off liberal that worships blacks in an all out effort to show the rest of America that hes ‘one of the “good White guys” and to absolve himself of sins he didnt commit..is losing his money with this clown in office…

He has never had to live in the world he creates…he lives behind his gated community where the worst thing that happens in his ‘hood’ is the mail runs later than usual…SO….if this man has to live in this society he thinks is good for the rest of us but not his family…..well, that would be priceless…

And the only thing Im going to say to him is “Well, its not THAT black…its just the other ones, man”

And if he whines about it…Im going to label him with the dreaded word he is trying so hard not to be labeled with…

(RACIST!!!)…

http://www.streamavideo.com

Good post ice….and so true..

22 — Anonymous White Person wrote at 1:52 PM on October 4:

Ice’s point about white elites being mainly responsible the for racial conditions of this country is absolutely correct. If you take a close look at affirmative action’s greatest supporters, the most zealous integration advocates, and the guardians of political correctness, you will notice that most of them are rich white guys. The reason why these rich white guys support such policies is because they score points for being “enlightened” and “tolerant” without actually having to bear the brunt of those policies. Meanwhile, average whites are the ones who have to deal with the negative impact of those policies just so the elites can feel good about themselves. I say we start taking wealthy whites to task for selling out their own people!

23 — Harumphty Dumpty wrote at 9:28 PM on October 4:

In the first trial for murder in the Knoxville Christian/Newsom torture murders, the jury of 6 blacks, 5 whites, and 1 asian gave Letalvis Cobbins life without parole instead of death.

The trial of the supposed ringleader is delayed until Oct. 19, and has only 1 black on the jury.

Tomorrow (Monday) about noon knoxnews.com will put up a 16 minute video they’ve made on the crime. I imagine comments will be allowed…there’s a simple registration process to register there, and only a person’s first post is previewed…it sometimes takes awhile.

24 — Svigor wrote at 4:13 PM on October 5:

Blacks dodge responsibility, so they don’t turn up for jury duty. Blacks dodge responsibility, so they turn to crime. The former is to be used as an excuse for the latter now?

Welcome to Bizarro World.

It’s a good thing “disparate impact” law isn’t to be used to benefit whites when “disparate impact” strikes them; if it was, whites could make the case that jury duty violates “disparate impact” law. On the other hand, there’s a case to be made that much of U.S. law (violence & theft as crimes) should be struck down based on “disparate impact” law.

25 — Nick wrote at 5:21 PM on October 5:

If I am a black murderer I want an all-white jury.

If I am found non-guilty I walk.
If I am found guilty I can appeal based on the race of the jury.

In effect I had to be convicted twice of murder.

26 — François wrote at 5:33 PM on October 5:

I remember, in 1995, OJ Simpson was acquitted on murder charges, for the murder of his ex-wife and her boyfriend, a mister Goldman… More than half of the people serving on the jury were Black; Simpson’s lawyer was Black (Johhny Cochrane); and the judge, Justice Ito, was a Japanese-American.

The next year, OJ faced a civil lawsuit, by the Go. The jury was mostly white, and this time, he lost… although he never paid one single dollar to the Goldman family!

I guess this does say something about the impact of the racial or ethnic composition of a jury!

Furthermore, if this is going all the way up to the United States Supreme Court, things may get very ugly, I think, as Sonia Sotomayor now sits on that court!

I wonder what Justice Sotomayor will say… I don’t know, maybe something like « a wise latina woman, who has worked so very hard to get where she is, understands that whatever evidence is brought, before any court, no Black person should ever be convicted by a jury with a single white person on it»…? That sounds pretty Sotomayor-like to me!

I think we are entenring the era of multicultural justice. And I’m worried.

27 — Midwest Wasp wrote at 9:16 PM on October 5:

WHINE!!! OJ was found not guilty by a jury that was loaded with blacks. Ten to be exact. Perhaps the prosecution should have appealed that verdict because of this fact. It’s been my observation that no matter the situation blacks will generally side with blacks.


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