Podcast Summary
Criminal Justice System Fairness: The criminal justice system can be unfair, particularly when relying on coercive confessions, and it's crucial to ensure a fair and unbiased process for all involved.
The criminal justice system can be unfair, as shown in the case of Cedric Edwards, who was the only person among 12 jurors to vote not guilty in a criminal trial in Louisiana in 2007. Edwards was accused of being involved in a crime spree, including kidnapping, rape, and robbery. The prosecution relied heavily on confessions obtained through lengthy and coercive interrogations, which called into question the validity of the evidence. John B. Taylor, who was a juror in the case, felt that the interrogation process was unfair and that Edwards didn't fully understand the consequences of his actions due to his age. The case underscores the importance of a fair and unbiased justice system and the potential for error in relying solely on confessions obtained through coercive means. Meanwhile, the sponsors of the podcast, Squarespace and Atlassian, offer solutions for individuals and teams to build professional online presences and collaborate effectively, respectively. Squarespace allows users to create customized websites, while Atlassian provides software for global team collaboration. These tools can help individuals and teams achieve their goals and make a real impact.
Jury Bias: Black jurors may feel unheard and powerless, leading to long-term consequences like abandoning career aspirations, due to systemic racism in the justice system.
The justice system can be biased and traumatizing, especially for Black individuals serving on juries. Phoebe Judge, a Black juror in a criminal trial, shared her experience of feeling unheard and powerless when her fellow jurors voted to convict a young Black man named Cedric Edwards, despite her belief in his innocence. The jury's verdict, which was based on a 10 out of 12 vote, had a profound impact on Phoebe, leading her to abandon her plans to attend law school and instead pursue a master's degree in Green Business Administration. The incident also highlighted the historical and ongoing issue of systemic racism in the justice system, where the voices and perspectives of Black people have often been overlooked or disregarded.
Jury selection bias: Despite legal prohibition, jury pools can be disproportionately white due to peremptory strikes, impacting fairness and representation in criminal trials
The jury selection process in criminal trials can be biased, leading to juries that do not represent the community's demographics accurately. In the case of Everett Norwood, the jury pool was disproportionately white due to the peremptory strikes used by both the prosecution and defense. This phenomenon, despite a legal prohibition on race-based strikes, results in jury pools being "whitewashed" or "reduced in number of whites" for defense and prosecution respectively. The outcome of a trial can depend significantly on who is selected for the jury, and this bias can impact the fairness and representation of the justice system.
Louisiana jury verdicts history: Louisiana's non-unanimous jury verdicts, rooted in preventing lynchings in the late 1800s, continue to disproportionately impact black jurors and have surprised many with their acceptance in modern trials.
The non-unanimous jury verdicts in Louisiana, which disproportionately affected black jurors, have deep historical roots. This practice, which dates back to the late 1800s, was influenced by the mistrust in the courts and the belief that allowing juries to convict with a non-unanimous vote could prevent lynchings. However, this practice, as the speaker learned during a trial, resulted in an 11-1 conviction, which was a hard pill to swallow. The history of this law goes back to the late 1800s when, in response to the lynching of three black men, a local paper suggested that allowing non-unanimous jury verdicts could help prevent such incidents. Despite the historical context, the speaker believed that unanimous jury verdicts were necessary for a conviction and was surprised to learn otherwise in Louisiana.
Jury Service History in Louisiana: Despite early instances of black jurors in Louisiana, their impact was minimal due to discriminatory practices and laws, and it wasn't until the 1970s that Louisiana required unanimous jury verdicts in criminal cases, but the racist origins of the law were not acknowledged until 2019.
The history of jury service in the United States, particularly in Louisiana, has been more complex than previously recognized. Black jurors served much earlier than the standard account suggests, but their numbers and influence were limited. In the late 1800s, black folks still managed to get on juries occasionally, but their impact was minimal due to discriminatory practices and laws. For instance, in the case of Jim Murray, an all-white jury reached a verdict in just 10 minutes, despite his complaints. The Citizens' Committee, a group of activists, fought against this discriminatory practice, taking it all the way to the Supreme Court in 1896. However, the court ruled against them, and Jim Murray was executed. The practice of non-unanimous jury verdicts continued in Louisiana until the 1970s, when three cases made it to the Supreme Court. However, the court's opinions did not acknowledge the racist origins of the law, and it took until 2019 for Louisiana to require unanimous jury verdicts in criminal cases.
Jury Verdicts and Racial Bias: The Ramos v. Louisiana Supreme Court decision brought attention to the issue of non-unanimous jury verdicts in Louisiana, which had historical roots in slavery. Jailhouse lawyers like Calvin Duncan and jurors like Johnery Taylor and Everett Norwood played crucial roles in advocating for change.
The case of Evangelisto Ramos and the subsequent Ramos v. Louisiana Supreme Court decision brought attention to the issue of non-unanimous jury verdicts in Louisiana, which had historical roots in slavery. A man named Calvin Duncan, who served as a jailhouse lawyer in Angola Prison, played a pivotal role in bringing these cases to the Supreme Court. Ramos's new trial resulted in a not-guilty verdict, but the decision only applied to new cases and recent non-unanimous verdicts. Another case, Cedric Edwards', was also taken up by the Supreme Court around the same time, revealing that many of these non-unanimous cases had only one or two black jurors, who were often the holdout jurors. Johnery Taylor, the sole black juror in Edwards' case, and another man, Everett Norwood, advocated for the recognition of their meaningful participation in the jury process.
Empty votes in jury trials: Empty votes in jury trials, where jurors vote without impacting the court's decision, challenge the importance of reaching consensus in the jury system. However, the stakes are higher in criminal cases, and non-unanimous verdicts have historically disproportionately impacted black jurors and defendants.
The concept of empty votes in jury trials, where juror votes that don't impact the court's decision are disregarded, challenges the traditional notion of the importance of reaching consensus in the jury system. While the argument for using a majority vote system in juries exists, the stakes are much higher in criminal cases, as someone's liberty is at risk. Furthermore, non-unanimous verdicts have historically disproportionately silenced the voices of black jurors and negatively impacted the chances of black defendants. The Supreme Court's decision in Thedric Edwards case not to make their ruling retroactive highlights the systemic issue of racial biases in the criminal justice system. Additionally, the ongoing debate around immigration in the political sphere reflects how criminal justice and politics intersect, with the leading Republican candidate making it a major campaign issue.
Jury Misconduct Repercussions: Newly discovered misconduct by defense attorneys can lead to reopened cases and potential release for those wrongfully convicted in non-unanimous jury trials
Despite the Supreme Court decision not applying to older cases regarding non-unanimous jury verdicts, individual cases can still be revisited due to new evidence or misconduct. Everett Norwood's case was reopened after it was discovered that his original defense attorney had engaged in professional misconduct. The impact of this revelation was significant for both the victim and the juror involved in the trial, who were surprised to learn that Norwood was still in prison after identifying him as the robber and voting for his acquittal respectively. The fight for justice continues for the approximately 800 individuals still incarcerated in Louisiana due to non-unanimous jury convictions, as advocates and activists work to pass new laws and reopen cases.
Criminal Podcast: Criminal is a podcast produced by a team of women with illustrations by Julian Alexander, available on various social media platforms and the Vox Media Podcast Network, and offers bonus content through Criminal Plus membership
"Criminal" is a podcast created by Phoebe Judge and Lauren Spore, produced by Nadia Wilson, Katie Bishop, Susanna Robertson, Jackie Sajiko, Lily Clark, Lena Sillison, and Meghan Kannane. It is mixed and engineered by Veronica Simonetti, and features original illustrations by Julian Alexander. Listeners can join the membership program, Criminal Plus, to access ad-free episodes and bonus content with the creators. "Criminal" can be found on Facebook, Twitter, Instagram, and YouTube, and is part of the Vox Media Podcast Network. For more information, visit thisiscriminal.com.