On Monday a federal court in Boston heard arguments on the lack of African-American juries on their district court. U.S. District Court Judge Nancy Gertner has a plan to have more African-American jurors in a death penalty case against two black men in Dorchester, MA. Prosecutors often strike African American jurors from their juries because they tend to disfavor the death penalty. However, the Chief Judge of the District, William Young, has found merit in her plan.
Judge Gertner’s plan involves sending additional jury summons’ to specific zip codes that have underrepresented populations–in this case, African-Americans. The zip codes are in the Dorchester area. A study has shown that towns with majority population do a better job at keeping updates mailing lists. When jury summons go out to African-American towns, they are often returned undeliverable. This is a sign that the address was incorrect or the person did not exist. Judge Gertner’s plan calls for sending additional summons up to as many as 3 times to the same zip code. Boston’s eligible jury pool consists of about 7 percent African-American. That drops to 3 when the jury summons are returned.
The State Of . . . African-Americans on juries has come full circle. African-Americans were banned from jury pools in the last century. We eventually won the right to be on juries and now we are being prevented from serving on them once again. It is plain to see that prosecutors do not want blacks on juries because of their death penalty stance. I think the judges plan is necessary and fair.
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