The Jury
Corruption happens in all branches of government. Typically we only think about lobbyists in the legislative branch affecting the bills that Congress passes or the corruption in the executive branch in terms of their affiliations and economic interests. However, rarely do we think about the inherent corruption in many of our courts today simply because we already believe that the courts are to be impartial. However, this constitutional mandate is far from being in action. Courts today, down to the jury members themselves can affect the outcomes of many minorities and low income people in the criminal justice system. Many times, a black defendant will go up against a jury made up of white affluent people. The lack of heterogeneity is a big issue that can contribute to the mass incarceration in impoverished urban areas. According the American Bar Association, "Chicago’s federal district court, the Eastern Division of the Northern District of Illinois, encompasses racially diverse and multicultural Cook County in addition to other primarily white counties. In 2013, at the start of a high-profile criminal tax-evasion trial, the 50-member prospective jury pool called for jury selection failed to include a single African-American man." Instances like these happen far to often due to economic circumstances where many low income people, overwhelmingly minorities, can not take time off work to serve in the jury. In addition, the lack of collection of minorities questionnaires amongst many contributes greatly to representation in the jury.
"Lack of Jury Diversity: A National Problem with Individual Consequences"
This article from the American Bar Association provides an interesting perspective and data to the national problem of homogeneity in juries and how that contributes or is affected by systemic racism.
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"Courts Seek to Increase Jury Diversity" Credit: United States Courts
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The power of wealth
Many times the question of systemic racism in this country can become like the question of the chicken and the egg. Which came first, capitalism causing systemic racism or systemic racism further contributing to those that profit the most off of the capitalist system today. Just as the capitalist economic system is moved by wealth and money, many times the justice system is swayed to work for those who have resources to navigate it and in turn criminalize the poor who are overwhelmingly minorities in this country. Billionaires and celebrities can afford an expensive team of the best lawyers in the country while many low income people are given Public defenders who are already encumbered by the cases especially in heavily policed urban areas. In addition, the ability to pay bail becomes a big issue, because many times even if the defendant in wrongfully arrested, by not being able to meet bail, essentially their right to due process is negated and the sixth amendment right to a speedy trial is often times neglected while suffering in the brutality of US prisons. This is how people like Jeffrey Epstein who were repeat offenders, can avoid even staying in prison while convicted and leaving for personal pleasures many times committing more crime. Cases like these show that the justice system as is benefits those with enough wealth to sway it and seeks to criminalize poverty.
KALIEF BROWDER
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Kalief Browder was a student in the Bronx who like many other Black Americans was wrongfully arrested for a crime he didn't commit. Obscurely, a random person said that he had stolen their backpack. The police then proceeded to arrest him and his bail was set to a price he could not afford. He was kept in prison for three years awaiting a trial, to be represented by a public defender. And yet even though he was innocent, the phrase "innocent until proven guilty" did not apply. In the end due to the psychological trauma of being in held in solitary confinement, Browder committed suicide. Browder's story of mistreatment, racial profiling, problems of poverty, and explicit systemic racism draws attention to many issues in our criminal justice system today.
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"Kalief Browder, 22, hanged himself at his parents' home in the Bronx over the weekend". Credit: Zach Gross/ New York Times
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