Got a hypo for ya, Sweet Pea: Suppose a black man rapes a 72-year-old white woman. There is no question but that he did it. He confesses to the crime, his DNA is all over the place and he videotaped the entire thing and the police have the video. But he decides to go to trial.
The prosecutor violates Batson/Wheeler in the jury selection. He kicks off ten, prospective jurors, all of them black. When questioned as to why he did it, he tells the judge: "Because I want a conviction here, your honor, and I think I would have a much better chance with an all white jury than if there are blacks on there." Judge says: "Right on, brother, I hear ya." Judge rules no Batson/Wheeler violation. Trial proceeds in front of the 12 white jurors and the defendant is convicted following 15 minutes of deliberation.
Defendant appeals to the 9th Circuit, who overturns his conviction on the basis of obvious Batson/Wheeler violations in the selection of the jury.
On those facts, would you still be griping about the 9th Circuit Court? (Note: When a Batson/Wheeler violation is found on appeal, it does not mean the defendant goes free; it only means he gets a new trial.)
Well?
So you are saying only whites can judge whites, and only blacks can judge blacks.. that's pretty damn telling innit?
You really have trouble with examples meant to illustrate a point, don't you. Now listen carefully.
I am not saying what you claim here. Nothing of the sort. In fact,
I am not saying anything. The cases of Wheeler and Batson are the ones doing the talking. They say, that if either side kicks potential jurors for racial reasons in an attempt to shape a jury they feel will benefit their side or hurt the other side for racial reasons, it is improper, and the trial has to start all over again with a new jury panel.
Ideally, a jury that has a minority defendant, will be composed of both races - or even more races than two. Ideally, a jury should represent the same proportion of races that exist in the community, i.e., if the community is 10% black, then that same percentage should be on the jury, if another 10% is Asian, then that same percentage of Asians should be on the jury, and so on.
You know, if you spent less time trying to insult others, less time intentionally misinterpreting what people are saying and more time just addressing arguments in a logical fashion, you would have a lot more credibility on this board. As it is now, well . . .
Too many people here seem to think that being an Internet tough guy means they win arguments. Wrong.