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G.MATHIS: Racial Bias in Juries Confirmed By Judge Greg Mathis proof that racial biases can affect a key component of the justice process: the jury. Recent research shows that all-white juries can be, and often are, biased, when deciding the fate of a black defendant. Perhaps this ‘new’ evidence can pave the way to change, ensuring juries are diverse and fair. A study published in the recent issue of the Journal of Personality and Social Psychology reveals that diverse juries, especially those that have both black and white jurists, are more likely to hand down a fair verdict than an all white jury is. 50-percent of the study’s participants on the all-white mock juries thought a defendant was guilty – even before deliberations. On the diverse jury, only 34-percent of whites had made up their minds before reviewing the case with their peers. Researchers aren’t exactly sure why whites on the diverse jury were more open-minded, but experts say that working with minorities may have compelled the whites to hide any racial biases they may have. The experts also believe that whites are more likely to review the case more thoroughly when there are minorities on the jury. In other words, white folks will ‘act right’ when they’re around black (or Latino) folks. It is a fact that some prosecutors intentionally try to bump black jurors from cases involving black defendants, especially for death penalty cases. Polls reveals that fewer blacks support the death penalty than whites and other data shows that white jurors are more likely to believe the testimony of the police and the prosecution’s witnesses than the word of the black defendant. In short, the prosecution stacks the jury in their favor. The defendant has no chance of a fair trial. The U.S. Supreme Court has voted down the practice of disqualifying jurors based on race and has, more than once, cited the need for jury diversity. The court, however, hasn’t made clear just how ‘diverse’ a jury should be and hasn’t offered any advice on how diversity can be obtained. It is still up to the defense attorney to prove that, based on a community’s demographics, whites are over represented on a particular jury. The defense must also prove that a jury pool’s lack of diversity is a result of the prosecution’s deliberate efforts. This is time consuming and, more often than not, difficult to prove. While the Court’s decision is a step in the right direction, more needs to be done. Federal guidelines need to be set, guaranteeing that a defendant of color, living in a diverse area, will have a jury that is representative of that community. A black defendant in New York, Chicago, Detroit or Los Angeles should be able to expect that at least one of his jurors will be of color. There are too many recent trials where this has not been the case. Though the defendant could still be found guilty, there would be at least one unbiased voice on the jury. The Court has taken the first step; now the federal government must follow suit, by passing legislation that ensures the term "equal justice" actually means something. Judge Who
Wouldn't Send Short By Scott Bauer A petition drive is calling for the resignation of the Nebraska judge who sentenced a sex offender to probation instead of prison in part because of his short stature.The campaign is aimed at Cheyenne County District Judge Kristine Cecava, who last week sentenced Richard W. Thompson to 10 years intensive probation instead of prison on two felony child sexual assault charges. Cecava said at the sentencing hearing that she did not believe the 5-foot, 1-inch Thompson could survive in prison. Thompson, 50, could have faced 10 years behind bars. The petition drive is being conducted by Tiffany Jones, a resident of the county seat of Sidney, who said she already had about 200 signatures. Cecava did not return a call seeking comment Wednesday. Attorney General Jon Bruning plans to appeal the sentence, arguing that it is too lenient. According to a transcript of the sentencing hearing, Cecava told Thompson: "So I'm sitting here thinking this guy has earned his way to prison but then I look at you and I look at your physical size. I look at your basic ability to cope with people and, quite frankly, I shake to think what might happen to you in prison because I don't think you'll do well in prison." A friend and colleague of the judge, Bernie Glaser of Lincoln, Neb., said Cecava's ruling has been misunderstood. He said the prosecutor didn't ask for prison time, and the judge took other factors into account when deciding that prison wasn't right for Thompson including his mental capabilities and information contained in a pre-sentence report that is not public. "We need more judges like her," Glaser said. "I think they should be proud they have a judge like her." As part of his probation, Thompson will be electronically monitored for the first four months and was told never to be alone with anyone under age 18 or date or live with a woman whose children were under 18. Thompson was accused of having sexual contact with a girl who is now 14. "I truly hope that my bet on you being OK out in society isn't misplaced," Cecava said at the sentencing hearing. "It's very hard to keep you in society when I know the risk is another child getting hurt." District judges in Nebraska are appointed but face retention elections that determine if they will remain in office. Cecava's next retention vote is in 2008. In the 2002 election, 74 percent of the voters said she should remain on the bench. In a judge evaluation survey filled out by attorneys in 2004, Cecava received above average marks in every category except in promptness of completing her work, which was just below satisfactory. Of the attorneys who completed the survey, 74 percent said that she deserved to keep her position. Judge Rules Sex Offender too Short to Got to Prison By Scott Bauer LINCOLN, Neb. -- A judge's decision to sentence a 5-foot-1 man to probation instead of prison for sexually assaulting a child has angered crime victim advocates who say the punishment sends the wrong message. But supporters of short people say it's about time someone recognizes the unique challenges they face. Cheyenne County District Judge Kristine Cecava issued the sentence Tuesday. She told Richard W. Thompson that his crimes deserved a long prison sentence but that he was too small to survive in a state prison. Though he could have been sentenced to 10 years behind bars, he ended up with 10 years of probation instead. On Thursday, the state's attorney general, Jon Bruning, promised to appeal within two weeks, calling the sentence far too lenient. "I'm concerned about the message this sends to victims and perpetrators," said Marla Sohl with the Nebraska Domestic Violence Sexual Assault Coalition, adding that it shows more concern is being placed on the criminal and his safety in prison than the victim. But Joe Mangano, secretary of the National Organization of Short Statured Adults, agreed with the judge's assessment that Thompson would face dangers while in prison because of his height. "I'm assuming a short inmate would have a much more difficult time than a large inmate," said Mangano, who is 5 feet 4 inches tall. "It's good to see somebody looking out for someone who is a short person." Thompson, 50, had sexual contact over a couple of months last year with a 12-year-old girl, said Sidney Police Chief Larry Cox. He was sentenced on two felony sexual assault charges. As part of the probation, he will be electronically monitored for the first four months and was told never to be alone with someone under age 18 or date or live with a woman whose children were under 18. He was also ordered to get rid of his pornography. Thompson's attorney, Donald Miller, had no comment on the ruling. Cheyenne County Attorney Paul Schaub, who prosecuted the case, did not return a call seeking comment. Cecava did not return a message seeking comment. The judge's reasoning confounded Amy Miller, legal director for the Nebraska chapter of the American Civil Liberties Union. "I have never heard of anything like this before," she said. No one has ever come to the ACLU to complain of height discrimination, she said. And using Thompson's height as a reason to avoid sending him to prison is surprising, because neither the U.S. nor state constitution provides protections based on physical stature, she said. A spokesman for the prison system said Thompson's height would not put him at risk among the state's 4,400 inmates. There are protections available in prison to help inmates who feel threatened, prison spokesman Steve King said, but to his knowledge, no one has ever taken advantage of them based on fears related to their height. "He's not the shortest guy we have in prison," King said. "We've got some short guys that are as tough as nails. We've got people from all ages, physical stature of all sizes, in general population." State Sen. Ernie Chambers, a longtime critic of judges, said he was baffled by the sentence. "If shortness is an excuse and protection from going to prison, short people ought to rob banks and do everything else they would wind up going to prison for," Chambers said. "We're talking here about a crime committed against a child, and shortness is not a defense."
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