I hadn’t seen much in the news on a capital punishment case out of Texas involving a 51 year-old black woman named Kimberly McCarthy whose scheduled execution was pushed back from the end of January to April 3:
McCarthy was found guilty of murdering her 71-year-old white neighbour, Dorothy Booth [ed: a retired psychology professor; I'd think this fact would subconsciously nudge many juries towards a harsher sentence], in 1998. She was accused of entering Booth’s home after telling her victim she wished to borrow sugar and then killing Booth and chopping off her finger to steal a diamond ring. Prosecutors have also claimed McCarthy was responsible for the murder of two other women.
When sentencing was delivered in her trial, McCarthy became the first woman to face the death sentence in the US in more than two years.
However, McCarthy’s lawyers argue their client has been discriminated against. Maurie Levin of the University of Texas capital punishment clinic said she was pleased that defense lawyers would “now have an opportunity to present evidence of discrimination in the selection of the jury that sentenced Kimberly McCarthy to death.”
Levin and her co-attorneys say that jury selection at McCarthy’s trial was racially slanted, with all but one of the 13 jurors white. This, says Levin, is not entirely representative of the population of Dallas County, which is almost a quarter black.
McCarthy’s legal team contest that this imbalance is typical of wider systemic discrimination in Texas in capital cases and particularly in Dallas County. They point out that, while the county is 23 percent black and 69 percent white, 37 percent of the 31 individuals on death row from Dallas County are black. They add that 22 percent are Latino and 37 percent are white.
Three big issues here. See if you can spot them before reading below the fold. Two are pretty obvious and discussed quite often at this blog and others. We hardly get to discuss the third.
1. “While the county is 23 percent black and 69 percent white, 37 percent of the 31 individuals on death row from Dallas County are black.”
Dallas County is indeed 23% black, but it is not 69% white. It is 33% non-Hispanic white and 39% Hispanic. If anything, Dallas County’s Hispanics are underrepresented among death row inmates – assuming that McCarthy’s legal team didn’t pick from statistics which didn’t properly parse the white/Hispanic counting problem.
Blacks were prime suspects in two out of every three homicidesin which a suspect was known. Forty percent of murders in 2009 involved an unknown suspect. Even without the unknowns (and there is much discussion on what assumptions should be made about the unknowns), blacks far surpassed their 25% demographic representation. So if you think of death row as being fed by the pool of murderers, blacks are underrepresented according to the percentage of murders they commit or are suspected to have commit.
3. Who knows what evidence McCarthy’s lawyers will present in arguing that the jury which convicted McCarthy were unfairly devoid of blacks. But if the argument is that there were not enough blacks on the jury there is more than one possible explanation other than some sort of discrimination. Maybe blacks are underrepresented in two ways which greatly diminishes their representation on juries: they do not have the paper trail which leads to “invitations” to jury duty; when invited, they are less apt to show up for jury duty. I don’t deny that prosecutors have learned a lesson from the O.J. Simpson case and are now biased against black jurors in cases involving black defendants.
The Louisville Courier-Journalanalyzed 34,000 potential jurors summoned in one year and reported:
Blacks also are less likely to report for jury duty because many distrust the criminal justice system and because jury pay is so low that they can’t afford to serve, court officials said.
The Detroit Free Presslooked at the reasons for the underrepresentation of black on federal juries in the Detroit area:
Q: If judges are doing their job, why do so few African Americans end up seated on federal juries?
A: Almost everyone agrees the problem arises because a disproportionately high number of African-American residents don’t respond to the initial questionnaire.
Q: If the court doesn’t know the race of those summoned for jury duty, how does it know the race of those who fail to respond?
A: It doesn’t. But the nonresponse rate for juror questionnaires mailed to Wayne County has consistently been at least twice as high as the nonresponse rate in other counties. And Wayne County is where most of the region’s African-American citizens live.
For example, 25% of prospective jurors in Wayne County failed to respond to jury questionnaires mailed in August 2008, compared to 10% or less in six surrounding counties. By August 2010, the recession had pushed nonresponse rates higher everywhere, but Wayne’s 53% nonresponse rate was again nearly double that of any other county.
Beyond the fact that blacks are less likely to be summoned for duty because they aren’t registered to vote, don’t have driver’s licenses or steady mailing addresses, or because a lower percentage refuse to show up for duty tryouts, there is a very legitimate feeling among prosecutors that a prospective black juror is more likely to be a jury nullifier.
Prof. Paul Butler of George Washington Law School is merely encapsulating a common attitude among blacks. When you sum all of these factors together it’s no wonder that blacks are so underrepresented among jurors.
This kind of thing has been hashed over ad nauseum for years, decades in mainstream conservative outlets. These arguments won’t wash with any of the courts of appeal, and I don’t even think being a woman will help. She will be executed eventually.
I watched the video. I like Paul Butler and I think he is intelligent. He is just a black man looking out for his people, nothing wrong with that. I thought he made Mike Wallace look a little silly. I don’t agree with him on everything, but I agree with him on some things.
The ’60 Minutes’ segment on black jury nullification was interesting; based on my experience working with prole-black cultures, I think a vote among that group on that law professors beliefs would split 50-50; the decisive element in causing the split would be feelings and relationship to the drug culture and drug dealers. you might be surprised at just how many non-using, seemingly non-criminal black residents are peripherally tied to the inner-city drug trade nationwide; it’s not just the actual gangs, which procure the drugs from international traffickers, or the ‘foot-soldiers’, the ones driving around in the late-model cars with tinted windows, making quick transactions and speeding off —— it’s a very detailed network of deeds and associates that, if suddenly vanquished tomorrow with the wave of some magic wand, would absolutely devastate certain black neighborhoods and regions completely, taking away the no. 1 or no. 2 source of income in a given community.
Overall, I agree with Randall Kennedy’s views in that segment; that the professor is wrong to encourage nullification and that it’s hypocritical because if whites returned to that practice, they’d be lambasted for that form of racism, etc.; however, I am intrigued with the idea of nullifying some o f the verdicts relating to drug charges ——- but the issue’s too big and messy and can lead to too many huge and unintended consequences to resort to believing that mass-nullification would be a clean fix-all to the problem.
Be curious to see where that guys career goes from here, assuming that segment was recent.
RE. his specific arguments concerning the ‘hows and whys’ about the black community and the drug trade, I do think there’s SOME merit to the point rendered in the following clip (@1:00 mark):
Hah hah. Yes, Davis points out another thing we are not supposed to notice, and if we do notice we dare not mention.
“Maurie Levin of the University of Texas capital punishment clinic”
So even in Texas, a Jew is working feverishly to make sure that a black who murdered a white woman is not punished. Even in Texas, Jewish nihilism is working, working, working as a corrosive on society.
The power of the jury is not in analyzing the evidence impartially, beyond the level of specialists and professionals; it is unlikely they are capable or inclined to do that. And it is not to simply to double check the work of the lawyers and cops.
The essence of the jury’s purpose is to enforce the “spirit of the law”. Jury nullification is enforcing the spirit of law; tendentiously, from a biased point of view.
The 60 Minutes clip did not mention that the function of juries is, or was intended to be, a check on systemic problems such as incompetence or bad legislation, … systemic problems.
In a racial society, racial issues are systemic problems. From the black point of view, they have been wronged. So that is their recourse. Advocation of interests with available means.
But if the laws are written without consideration of race – and then the juries are considering race in their application – well that is some serious gum in the works.
Laws in principle are race blind. Enforcement at the level of the police and courts, is filtered through politics and personalities and the rest. Then at the level of the citizens’ check – juries – racial. Or it is racial from the aggrieved groups. The last believers in the system will be victims to their unwillingness to play by the new rules.
It is ironic or whatever that liberals who might consider their first principles fairness and equality are not being fair to themselves, when they play by their own set of rules. Eventually perhaps they will equalize themselves.
When every group becomes racial, and juries are racially representative, and it only takes one hold out – they will be no more guilty verdicts.
If everyone were of the same race, or if everyone were of no race, well then juries might not be problematic in this way. As they exist now, and as the clip did demonstrate, they are a weapon of racial advocacy.
Broken Man points to the problem of bad legislation. Circling back to the case of Kimberly McCarthy, she presumably was prosecuted under good legislation that makes murder and finger chopping illegal.
I always show for jury duty, usually in Oakland. The few Blacks who do show are probably government employees who get paid for jury duty, but always seem to know the defendents, the bailiffs, the attorneys, the judges, etc. They get dismissed right away. It is funny that blacks want black juries, but they don’t want to serve. They complain organ transplants are not given to blacks but they don’t donate. They want blacks accused of crimes against whites to have black jurors. They also want whites accused of crimes against blacks to have black jurors as in the Rodney King beating trial. Forget about a jury of your peers. There is no reason or logic involved to this kind of thinking.
Hate to distract from the race-baiting, but the issue here is the death penalty and not racism. The state killing people is a terrible thing. I don’t necessarily have sympathy for this woman and I’m happy she was apprehended but executions are costly symbols of state power.
@Billy Smith: “but executions are costly symbols of state power.” So aren’t EBT and Section 8. You can oppose the death penalty, but it’s not because of its cost.
The woman on death row is also suspected of killing TWO other older women who were friends of her family. I think those two women are also black, not sure. I don’t know why she hasn’t been put on trial for those killings.
This was the second time a jury found McCarthy guilty of capital murder. Her original 1998 trial was overturned because an appeals court decided that she was illegally interrogated after she requested an attorney. She was retried and found guilty again in ’02. She is the ex-wife of the FOUNDER OF THE NEW BLACK PANTHERS.
I have a question and if anyone here knows the answer please reply. Before this last appeal, the US Supreme Court hsd slready denied to review her case. I do not know what the previous grounds for appeal were, but now that she’s claiming racism on the jury, does she get to start all over again until it makes its way to the US Supreme Court?
How many Blacks were on the jury doesn’t make any difference. The only issue is whether the prosecutor used peremptory challenges in a discriminatory manner. Also you normally can’t go back and try to present evidence after the case has been tried. You usually have to do it at trial. Otherwise you are SOL.. The defense attorney has to know that, so what they are saying just sounds like PR.
Kimberly McCarthy’s execution was postponed again until June 26th. Dallas D.A. Craig Watkins agrees with it saying now he wants to make sure she got a fair trial. He has said that he knows she’s guilty. Watkins is a Negro.
This kind of thing has been hashed over ad nauseum for years, decades in mainstream conservative outlets. These arguments won’t wash with any of the courts of appeal, and I don’t even think being a woman will help. She will be executed eventually.
Oh awesome. This fucki g guy went to Hahhvahhd and teaches at GWU. No wonder kids today are so stupid.
I watched the video. I like Paul Butler and I think he is intelligent. He is just a black man looking out for his people, nothing wrong with that. I thought he made Mike Wallace look a little silly. I don’t agree with him on everything, but I agree with him on some things.
The ’60 Minutes’ segment on black jury nullification was interesting; based on my experience working with prole-black cultures, I think a vote among that group on that law professors beliefs would split 50-50; the decisive element in causing the split would be feelings and relationship to the drug culture and drug dealers. you might be surprised at just how many non-using, seemingly non-criminal black residents are peripherally tied to the inner-city drug trade nationwide; it’s not just the actual gangs, which procure the drugs from international traffickers, or the ‘foot-soldiers’, the ones driving around in the late-model cars with tinted windows, making quick transactions and speeding off —— it’s a very detailed network of deeds and associates that, if suddenly vanquished tomorrow with the wave of some magic wand, would absolutely devastate certain black neighborhoods and regions completely, taking away the no. 1 or no. 2 source of income in a given community.
Overall, I agree with Randall Kennedy’s views in that segment; that the professor is wrong to encourage nullification and that it’s hypocritical because if whites returned to that practice, they’d be lambasted for that form of racism, etc.; however, I am intrigued with the idea of nullifying some o f the verdicts relating to drug charges ——- but the issue’s too big and messy and can lead to too many huge and unintended consequences to resort to believing that mass-nullification would be a clean fix-all to the problem.
Be curious to see where that guys career goes from here, assuming that segment was recent.
RE. his specific arguments concerning the ‘hows and whys’ about the black community and the drug trade, I do think there’s SOME merit to the point rendered in the following clip (@1:00 mark):
Levin! Levin! Levin!
Oy vey.
Hah hah. Yes, Davis points out another thing we are not supposed to notice, and if we do notice we dare not mention.
“Maurie Levin of the University of Texas capital punishment clinic”
So even in Texas, a Jew is working feverishly to make sure that a black who murdered a white woman is not punished. Even in Texas, Jewish nihilism is working, working, working as a corrosive on society.
The power of the jury is not in analyzing the evidence impartially, beyond the level of specialists and professionals; it is unlikely they are capable or inclined to do that. And it is not to simply to double check the work of the lawyers and cops.
The essence of the jury’s purpose is to enforce the “spirit of the law”. Jury nullification is enforcing the spirit of law; tendentiously, from a biased point of view.
The 60 Minutes clip did not mention that the function of juries is, or was intended to be, a check on systemic problems such as incompetence or bad legislation, … systemic problems.
In a racial society, racial issues are systemic problems. From the black point of view, they have been wronged. So that is their recourse. Advocation of interests with available means.
But if the laws are written without consideration of race – and then the juries are considering race in their application – well that is some serious gum in the works.
Laws in principle are race blind. Enforcement at the level of the police and courts, is filtered through politics and personalities and the rest. Then at the level of the citizens’ check – juries – racial. Or it is racial from the aggrieved groups. The last believers in the system will be victims to their unwillingness to play by the new rules.
It is ironic or whatever that liberals who might consider their first principles fairness and equality are not being fair to themselves, when they play by their own set of rules. Eventually perhaps they will equalize themselves.
When every group becomes racial, and juries are racially representative, and it only takes one hold out – they will be no more guilty verdicts.
If everyone were of the same race, or if everyone were of no race, well then juries might not be problematic in this way. As they exist now, and as the clip did demonstrate, they are a weapon of racial advocacy.
Broken Man points to the problem of bad legislation. Circling back to the case of Kimberly McCarthy, she presumably was prosecuted under good legislation that makes murder and finger chopping illegal.
I always show for jury duty, usually in Oakland. The few Blacks who do show are probably government employees who get paid for jury duty, but always seem to know the defendents, the bailiffs, the attorneys, the judges, etc. They get dismissed right away. It is funny that blacks want black juries, but they don’t want to serve. They complain organ transplants are not given to blacks but they don’t donate. They want blacks accused of crimes against whites to have black jurors. They also want whites accused of crimes against blacks to have black jurors as in the Rodney King beating trial. Forget about a jury of your peers. There is no reason or logic involved to this kind of thinking.
Hate to distract from the race-baiting, but the issue here is the death penalty and not racism. The state killing people is a terrible thing. I don’t necessarily have sympathy for this woman and I’m happy she was apprehended but executions are costly symbols of state power.
As opposed to random slayings by niggers, which are just a mild inconvenience.
@Billy Smith: “but executions are costly symbols of state power.” So aren’t EBT and Section 8. You can oppose the death penalty, but it’s not because of its cost.
The woman on death row is also suspected of killing TWO other older women who were friends of her family. I think those two women are also black, not sure. I don’t know why she hasn’t been put on trial for those killings.
This was the second time a jury found McCarthy guilty of capital murder. Her original 1998 trial was overturned because an appeals court decided that she was illegally interrogated after she requested an attorney. She was retried and found guilty again in ’02. She is the ex-wife of the FOUNDER OF THE NEW BLACK PANTHERS.
I have a question and if anyone here knows the answer please reply. Before this last appeal, the US Supreme Court hsd slready denied to review her case. I do not know what the previous grounds for appeal were, but now that she’s claiming racism on the jury, does she get to start all over again until it makes its way to the US Supreme Court?
How many Blacks were on the jury doesn’t make any difference. The only issue is whether the prosecutor used peremptory challenges in a discriminatory manner. Also you normally can’t go back and try to present evidence after the case has been tried. You usually have to do it at trial. Otherwise you are SOL.. The defense attorney has to know that, so what they are saying just sounds like PR.
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Hello. magnificent job. I did not imagine this. This is a excellent story. Thanks
Kimberly McCarthy’s execution was postponed again until June 26th. Dallas D.A. Craig Watkins agrees with it saying now he wants to make sure she got a fair trial. He has said that he knows she’s guilty. Watkins is a Negro.