Word: juror
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Kunstler does not know yet whether he will be allowed to use testimony linking Ferguson's rage to the resulting violence. If the courts say yes, Kunstler has reason to hope for juror empathy. A National Law Journal survey of 800 people taken in March showed that 68% of blacks and 45% of whites felt that a "compelling" defense could be made of fury resulting from long-term racism...
Thanks to the talk shows, Americans are increasingly familiar with the language of therapy and recovery -- with new syndromes, with the fragility of the psyche and with the painful ways the abused can become abusive. Nan Whitfield, a Los Angeles public defender, believes media coverage of abuse has raised juror interest in the motives and mind-set of the accused. "I think juries have always been interested in why something happened," she says. "Once the defendant crosses the threshold and does present that evidence ((of his victimization)), I do think the jurors' ears perk up and they become more interested...
Justice Sandra Day O'Connor, who voted with the majority because she felt the government should not have the right to discriminate in the juror selection process, nevertheless noted these difficulties. "To say that gender makes no difference as a matter of law is not to say that gender makes no difference as a matter of fact," O'Connor wrote. She said her decision should not seen as pertaining to defendants in criminal cases...
...weeks ago, Gayle Daniels, the only black juror on the 1984 sentencing panel, swore in an affidavit that she did not vote for execution because she "did not believe ((Hance)) knew what he was doing at the time of his crimes." Daniels recounted how jurors initially favored a life sentence. But mindful of the prosecutor's warning that Hance could be paroled in just a few years, they sent notes to the judge asking what a "life sentence" meant. The judge never responded. After that, several jurors began pushing for death. When Daniels held out, the remaining jurors, impatient...
...account has been corroborated by another juror, Patricia LeMay. In an affidavit, LeMay, who is white, also charged that racism played a large part in the deliberations. According to LeMay, comments by other jurors included "the nigger admitted he did it" and "he should...