A Jury Of Whose Peers?

by Dish Staff

Tomasky examines the potential jury pool in the Michael Brown case:

Now let’s get to the matter at hand in Ferguson: criminal justice. The specific issue is this that juries in the United States are drawn from county-wide population pools. This means, as the criminologist William Stuntz has observed, that people from large counties with exurbs and farms are often sitting in judgment of urban kids…. Will a St. Louis County jury be likely to look sympathetically upon Michael Brown? Quite unlike the two-thirds black Ferguson, the county is 70 percent white.

Alex Tabarrok reads through a study on the racial composition of juries:

The authors have data on the race, gender, and age of each member of the jury pool as well as each member of the ultimate jury. The authors also know the race and gender of the defendant and the charges. What the authors discover is that all white juries are 16% more likely to convict black defendants than white defendants but the presence of just a single black person in the jury pool equalizes conviction rates by race. The effect is large and remarkably it occurs even when the black person is not picked for the jury. The latter may not seem possible but the authors develop an elegant model of voir dire that shows how using up a veto on a black member of the pool shifts the characteristics of remaining pool members from which the lawyers must pick; that is, a diverse jury pool can make for a more “ideologically” balanced jury even when the jury is not racially balanced.

Ken White worries that the release of the robbery video will bias a jury against Michael Brown:

Whether or not they released the surveillance video in response to a public records request, as they claim, the Ferguson Police Department undoubtedly knew that the news would reach the pool of prospective jurors in any criminal or civil case against Officer Wilson, telling them facts that they might not hear in court. They knew that the media would run with the story, and that the media would run with it multiple times: first to report it, then to ask why the police released it, and possibly a third time in a mock-self-critical analysis of whether they were played. The effect in the public’s mind is to emphasize the point Mike Brown was a robber, with the subtext so he probably had it coming. …

I don’t care that Mike Brown apparently robbed the convenience store. I don’t give a shit if Mike Brown was a career thug or a saint destined for a Rhodes scholarship. The question is the same: did Officer Wilson him have cause to believe that Mike Brown posed a serious physical threat at the moment Wilson pulled the trigger?

Everyone has rights, or nobody has rights.