The prosecutor’s use of strikes to remove black jurors violated the constitution
There are certain guarantees that each of us expect in the criminal justice system. Among them is equal protection under the law. This concept may seem vague, but it has very practical application in the criminal justice system. We must all be treated equally under the law, regardless of our membership in various groups. For example, the court system cannot have one standard for women accused of criminal offenses and a separate standard for men accused of the same crime. To do so would violate the guarantee of equal protection under the law.
Yet these types of violations are rarely so obvious. As a skilled criminal defense lawyer Rancho Cucamonga, CA, a person may be treated unequally in more subtle ways — such as not being able to have a jury of his peers because a prosecutor purposefully eliminates all people of a particular race, based on the belief that they might be more sympathetic to the defendant. This type of discrimination is the basis of a recent Supreme Court decision that struck down a conviction for racial bias in violation of the defendant’s constitutional rights.
In Flowers v. Mississippi, the defendant Curtis Flowers was accused of murdering four people at Tardy Furniture in Winona, Mississippi. The district attorney, Doug Evans, decided to prosecute Mr. Flowers for the crime despite very little evidence against him (much of which was provided after the state offered a $30,000 reward). Several eyewitnesses reported that they were coerced by prosecutors into implicating Mr. Flowers for the crime. The only physical evidence against Mr. Flowers was a single particle of gunshot residue on his hand, which could have come from the police car that took him to the station or even from the fireworks that he had set off the day before he was picked up by the police. Mr. Flowers had no criminal history and did not own a gun.
Doug Evans prosecuted Mr. Flowers six separate times for this crime, looking to convict him on a capital offense. Evans struck 41 out of 42 prospective black jurors, and had several convictions overturned for prosecutorial misconduct. Three jailhouse snitches who testified that Mr. Flowers had confessed to them later recanted, with one admitting that he made up the story to get his sentence reduced. At Mr. Flowers’ sixth trial, he was convicted and the conviction was upheld by the Mississippi Supreme Court. He was sentenced to the death penalty.
In a 7-2 decision, the United States Supreme Court overturned the decision, finding that there was obvious racial discrimination in the process. According to the Court, “The State’s relentless, determined effort to rid the jury of black individuals strongly suffuses that the State wanted to try Flowers before a jury with as few black jurors as possible, and ideally before an all-white jury.” The case will be sent back to Mississippi for a new trial.
As a skilled criminal defense lawyer Rancho Cucamonga, CA can explain, racial bias can present in many ways in criminal trials. Not every instance will rise to a violation of the Constitution. In the situations where a person’s right to equal protection under the law has been implication, an attorney may be able to file an appeal of a conviction.
If you are facing criminal charges, you will need an aggressive lawyer who can put together strong factual and legal defenses. At the Chambers Law Firm, we have substantial experience representing Californians in a wide range of legal matters. Contact our firm today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation with a skilled criminal defense lawyer Rancho Cucamonga, CA.
