Tuesday, December 21, 2021

When race replaces law and facts in the jury room

 

I'm angry, but not surprised, to read of the collapse of a murder trial in Florida due to racial issues.


The foreperson of the jury in the murder trial of Dayonte Resiles said three jurors were unwilling to convict Resiles based on his race.

The foreperson discussed on Friday the most recent twist in the trial that ended Wednesday with the hung jury.

“[The three jurors] said, ‘I don’t want to send a young Black male to jail for the rest of their life or have him get the death sentence,'” said the foreperson.

Resiles faces life in prison and possibly the death penalty for the murder of Jill Su, a 59-year-old Davie woman who was killed in her home back in September of 2014.

. . .

After six days of deliberations, the jury came back with manslaughter, but when it came time for the foreperson to confirm the verdict to the judge, she couldn’t do it.

“The whole time I’m staring at the judge and at the clerk, and we’re locking eyes, and I’m looking at each one of them,” said the juror. “They’re just waiting for my verdict of either ‘yes, I agree’ or ‘no,’ and I just couldn’t, and that’s why I said no.”

She said most of the jury was ready to convict Resiles of at least second-degree murder, but the three refused because the defendant is Black.

After they compromised on manslaughter, she said, her courtroom change of heart led to threats from other jurors.

“You guys keep saying ‘a young Black man,’ but I don’t see race. I just see a human being, and you know, one particular person said to me, ‘Hey, if you were outside this courtroom, you would have gotten smacked out in the street for this,'” said the juror.


There's more at the link.

So now, in at least some parts of the country, we have to worry about the justice system being deliberately undermined by jurors who'll reach their verdict on the basis of the race of the suspect(s), rather than the facts of the case.  That's not a justice system at all.  That's a racist system.

That's something to bear in mind if you're the defendant in such a case.  Depending on the color of your skin, you might find some jurors voting to convict you because of that factor, while others might vote to acquit you on the same basis.  You may be justified in your actions under the law, but the law is no longer an unbiased arbiter.  It's subject to the whims of those who must apply it.

The old proverb says, "Better to be judged by twelve (i.e. a jury) than carried by six (i.e. pallbearers)".  Today, that may no longer be good advice.



Peter


25 comments:

Steve Sky said...

The jury nullification crowd has finally achieved their objective; just like Soros has accomplished with his DAs, Judges, and Secretaries of State. The system of justice has been perverted into a legal system, where you get treated according to what group you are perceived to belong to. Note the perception changes according to circumstances and optics.

boron said...

"You may be justified in your actions under the law, but the law is no longer an unbiased arbiter. It's subject to the whims of those who must apply it."
This was just as true when the jury convicted Minneapolis police officer Derek Chauvin.

Drew458 said...

Saw this 26 years ago with OJ. Tell me what's new here.

Steve S said...

Shocked. Shocked I say.

Etaoin Shrdlu said...

This is a descent into barbarism. Nothing less. Barbarism has no civilized solutions. Freedom cannot coexist with or long survive barbarism. Somebody point out any error in this.

Fredrick said...

I saw this on a jury I served on in Gainesville Florida. The nice black grad student admitted to all of us he would not convict a black defendant because of all the injustices that had been inflicted on blacks in the past. Sadly he's teaching at another college now. (The juror, not the defendant).

TCK said...

How long before Vigilance Committees are back in vogue?
I give it good odds on it being less than a year away.

The Lab Manager said...

It's pretty clear to anyone that Derek Chauvin and those three men Georgia should have never been convicted and found not guilty. I'm happy to support these White men who are a victim of a racially charged and anti-White justice system.

It's pretty clear that America needs to segregate since one of the groups is not fit for Western civilization.

South Africa here we come! But hey, you dummies out there keep believing that 'some don't see race' nonsense.

John said...

When justice fails, the noose will return. Faith in the criminal justice system absolutely underpins order and restrains vigilantes. Lose that, and street justice will become the norm again.

Beans said...

It's... Broward County. Where libtardation has taken over. Funny, quite a lot of powerful people in Broward County are from NYC and other leftist hellholes and fled to Florida because of high taxes, high crime and cold weather as found in their hellholes.

This does not surprise me at all.

And it also wouldn't surprise me if the jurors were getting pressured from outside sources.

Well, it's a mistrial. Which means it can be tried again. Maybe this time the jurors will be better chosen.

Jimmy the Saint said...

"So now, in at least some parts of the country, we have to worry about the justice system being deliberately undermined by jurors who'll reach their verdict on the basis of the race of the suspect(s), rather than the facts of the case."

You don't say...
- Zombie Nicole Brown Simpson & Zombie Ronald Goldman

Aesop said...

At that point, as a judge, you declare a mistrial, dismiss the jurors, and arrest the race holdouts for contempt of court.

"You understand you took an oath in open court to judge this case solely on the facts presented at trial, not your own prejudices??"
"Yes, your honor."
"And yet you admit in open court you refused to do that. You are sentenced to 90 days for contempt of court, and we'll bring you back here on Day 91 for another chat about civic duty, and see if the lesson has been driven home well enough at that time. Bailiff, remove the prisoners to jail."

The beauty of which is there is no mandatory end of that sentence, and no reason to let them out until the judge gets tired of holding them, short of an absolute capitulation.

And you only have to do it about once a decade to drive the point home for everyone else.

It's one thing for any juror to stand up and say, "I don't think the prosecution made the case for me beyond a reasonable doubt." That's their job.

But to admit in open court that you voted to acquit based on anyone's race demands a commensurate response from the legal system, specifically the judge in that courtroom.

All this does is prove the peril one is in to have their fate resting in the hands (and intelligence level) of twelve people too stupid to avoid jury duty in the first place. We would be better off as a society if deputies formed expressly authorized ad hoc press gangs, and just grabbed adults off the street at random to construct a jury, and any challenges of any jury members by either side's counsel had to have the approval of the judge to be enacted.

Guy Jean said...

Playing devil's advocate here: isn't that what juries are for? So that a person will be judged by his peers, not by the ruling class? If you disagree with the law under which a defendant is charged, are you not within your rights as juror to declare not guilty?

McChuck said...

@Guy - Jury nullification of the law has no bearing on the facts at hand. Black jurors routinely refuse to convict black defendants, no matter the facts, no matter the crime, because black solidarity against The Man. They even do this when the black criminal killed, crippled, or robbed other blacks.

Nahanni said...

Soap Box: Cancelled
Jury Box: It's "Just Us" not Justice
Ballot Box: A corrupt joke

That leaves us only one box.

Chris Nelson said...

This almost occurred on a jury that I served on 15 years ago.

Once we finally convinced the one holdout juror that was the same race as the defendant that he would be replaced by an alternative and not to waste our time, we were able to do our duty.

After the verdict, we found out that the defendant had already plead guilty to other cases of assault, rape, robbery and child endangerment, but for some reason wanted a jury trial for these charges. Those facts were not revealed to the jury beforehand.

I looked at the holdout, but he had no reaction.

Aesop said...

@Chis Nelson,

Had the same exact experience.

TechieDude said...

Aesop is right, here.

A judge only has to stomp on these jurors once ever so often.

Will that happen? Probably not.

But for all the crowing about Jim Crow, this is how you get it.

Not in law, but in practice.

Keep it up and we'll self segregate. Black dude so much as steps a toe in a white, secured neighborhood, he'll simply vanish.

MrGarabaldi said...



A friend of mine estranged husband(White guy) got assaulted by 3 blacks in a minority majority county in Georgia, he was backed against the fence, and during the beating, he threw one punch and it connected and it unfortunately killed one of the assaulter s. He was tried for manslaughter and convicted by a all black jury, black prosecutor,black defense attorney black judge and got 10 years. It cost her 50,000 dollars, her house and everything she had paying the legal fees....needless to say it is a warning to avoid areas where if you are white and you are a minority...time to move.

Steve Sky said...

As we are discussing

5stonegames said...

Tribe is always truth and anyone who steps into cosmopolitanism or worse individualism has just made himself a slave.

Our elite our a tribe.

The fact that trials are being thrown like this or the Epstein stuff because of tribal loyalty is a natural consequences of a heterogeneous society with multiple tribes.


Now at some point if everyone around you and that you will interact with is of your tribe or shares allied values, you can concentrate or more Enlightened systems.

Till than build a tribe or be in a tribe or be the slaves of those who are not.

5stonegames said...

To what Aesop said about contempt of court .

Well this is noxious to say but and while it might be the law now but what they are doing is exactly what the first Chief Justice John Jay would have wanted, that is considering the Constitutionality of the Law.

Those jurors have decided that do to the effects of a law on their community its essentially cruel and unusual though they wouldn't use those terms, Despite the fact that is terrible jurisprudence , it the correct way to do it.

You also can't stop it , just slow it down. Sure the hammer has been thrown at "our guys" for talking about jury nullification, its just done quietly so best case you stop people from talking about it. That's it.

And yes they do have that right, same as us.

And before anyone needs to say anything is m well aware where this will lead , basically street justice for all.

This doesn't matter., The US has imprisoned more people than basically anyone who isn't China or the USSR and to no avail. You can't incarcerate your way to morality nor can you lower crime when he only thing that gets political play is cheap labor and a new Democratic electorate brought in.

Until that stops and moral leadership crams a moral system down people throats, it won't stop and the US is just on its way to Brazil or S.A.

Best to tribe up.

Aesop said...

No, they explicitly weren't saying that the law was unjust, they were saying any law is racist if it's enforced against a black man. That's a prohibited category: it's simply racism.

And for that, those jurors should be sitting in jail for contempt, until the judge dies, or gets tired of the state feeding them, or they come begging and pleading on calloused bloody knees, with tears in their eyes, and utter anguish in their voices, for bending The People's Justice System over, and rogering her in open court.

If that contempt charge lasted for years, or even for the rest of the judge's life, I wouldn't shed a tear. And they've certainly got it coming.

Don't do the crime, if you can't do the time.

Tim said...

You will get that occasionally. It is part of the price to be paid for sovereign juries. There is NO WAY to stop it that does not also cripple jury nullification.

5stonegames said...

Aesop, you are correct but in effect "The law is wrong and therefore void" is what they are saying. The fact the system says it s prohibited category is irrelevant to them since they do not see the system as legitimate when it rules in certain ways.

Its a classic mistake leaning on law or statute when the people under the perview of the law do not see the system as just.

Its the same mindset as sovereign citizens really but Sov Cts don't make up double digits percentages of the population

Far too many on the patriot side are still prone to the delusion what "we can have working system" or that "it can be salvaged" which when (probably) the Supreme Court allows President Biden orders to stand they would be wise to disabuse themselves and stop with the Ghost Dancing . Hell even if we win this one, its just buying time

And yes certainly the judge can find them in contempt. They'll just see it with some truth to it as the system coming down on them again. Now mind you I don't think they are right. Our system presumes everyone would follow common law and that as a category malcontents would understand the properness of the system but that is not longer the case.

Our system was designed for a White Christian Moral Landowning Yeomanry and a few "honoraries" with 18th century technology and barely, barely worked than. Now its running on fumes and the sooner than folks understand, and I'll note every other group but White peoples does that power is truth you can begin to see the real problem space .