“Bias in America’s courtrooms

 

Ms. E. Boros-Rivera

Email: eboros@school.nyc.gov

 

 

INTRODUCTION

“This is a court of law, young man, not a court of justice.”  ~ U.S. Supreme Court Justice Oliver Wendell Holmes, Jr.

In America, we are taught to believe all men are created equal. All men are equal in the eyes of the law, but is justice really blind, when she is looking through the eyes of men and women who bring to the courtroom their personal bias? Starting with examining the racially biased treatment of Tom Robinson in Harper Lee’s classic coming-of-age novel, To Kill A Mockingbird, you will examine watershed cases in America where the purveyors of justice wore blinders, and facts and evidence were trumped by prejudice and hate. You will also examine what types of policy changes were prompted by these cases and other like them.

 

 

TASK

Students will fill out 4 worksheets related to American History Public Policy Analyst, as well as create group PowerPoint (minimum 7 slides) presenting 3 courtroom cases (one case being the Tom Robinson trial from To Kill a Mockingbird) from the last 70 years of American history. Presentation will highlight the basic background information of the cases as well as the cultural/personal biases of the jury/ judge/lawyers and media. Using AHPPA “helps students better understand social problems that have taken place in American history, and gives a framework to evaluate the public policies enacted to deal with those social problems. It will also discuss possible policy solutions to get around bias in the courtrooms of America.

 

 

PROCESS:

American History Public Policy Analyst (AHPPA)

 

RESOURCES

Cases to explore:

STEP 1:  Before you choose the two real life cases, you are going to research, read through the Wikipedia link for all them, so you can make an educated GROUP decision which cases to further explore:

1.      Scottsboro Boys Trial

http://en.wikipedia.org/wiki/Scottsboro_Boys

2.      Central Park 5

http://en.wikipedia.org/wiki/Central_Park_jogger_case

3.      West Memphis 3

http://en.wikipedia.org/wiki/West_Memphis_Three

4.      Jena 6

http://en.wikipedia.org/wiki/Jena_6

STEP 2 will be to identify the facts around the problem of racial bias in chosen your cases. FILL OUT TRIAL CHART TO HELP YOUR GROUP STAY ORGANIZED.

·        What were the facts of the case?

·        What were the undesirable results of this problem?

STEP 3 Once you have identified and outlined the problem, it is time to gather the evidence. Below you will find links to related research, but you can and should go beyond these sites. (Evidence about historical social problems may include statistics on these problems, articles by experts, or case studies.)

Sites to research:

·         http://www.democracynow.org/2007/7/10/the_case_of_the_jena_six

·         http://www.pbs.org/newshour/extra/speakout/editorial/jena_09-28.html

·         http://colorofchange.org/campaign/jena-6/

·         http://civilliberty.about.com/od/raceequalopportunity/p/jena_six.htm

·         http://articles.latimes.com/2011/aug/23/opinion/la-oe-mnookin-west-memphis-three-rele20110823

STEP 4 Determining the Cause

Explore the causes of racial bias in the courtrooms of America by going beyond the simplistic answer of personal prejudice and hatred. Explore the institutionalized racism of our country. This will lead you to the final step of effectively evaluating the policy changes made to America’s courts and legal proceedings.

·         http://racismintheusa.edublogs.org/causes-effects-and-future-impacts/

·         http://www.pbs.org/wnet/jimcrow/struggle_court.html

·         http://userpages.umbc.edu/~jonfeng1/thesisproject/ellieginsburg/questions/historians_racismcauses.html

·         http://www.historytoday.com/john-kirk/long-road-equality-african-americans

·         http://www.historytoday.com/john-kirk/long-road-equality-african-americans

·         http://www.pbs.org/wgbh/americanexperience/freedomriders/issues/jim-crow-laws

Step 5 Evaluate Policy

          Looking through the following links, determine whether the policy changes applied to this problem have been adequate. Did they eliminate the problem? If so how, if they fell short, why?

          Think about the recent trials mentioned in the conclusion when the group makes its final   recommendations regarding the success or failure of these policies.

          Race and Jury Selection

·         http://www.eji.org/raceandpoverty/juryselection

·         http://www.neulaw.org/blog/1034-blog/class-blog/4036-unconscious-racism-in-the-courtroom

·         https://www.google.com/url?sa=t&rct=j&q=racism%20and%20courtroom%20policy%20changes&source=web&cd=2&ved=0CDMQFjAB&url=http%3A%2F%2Fwww.asanet.org%2Fimages%2Fpress%2Fdocs%2Fpdf%2FASARaceCrime.pdf&ei=oAtpU-joJeHisATMs4D4AQ&usg=AFQjCNFINc4cC6-p6XoHvXbpcHklZwPizA&bvm=bv.66111022,d.cWc&cad=rja

·         http://www.hrc.org/laws-and-legislation/federal-legislation/juror-non-discrimination-act-jury-access-act

·         https://www.google.com/url?sa=t&rct=j&q=racism%20and%20courtroom%20policy%20changes&source=web&cd=5&cad=rja&uact=8&ved=0CEoQFjAE&url=http%3A%2F%2Fwww.ncchurches.org%2F2001%2F03%2Fthe-elephant-in-the-courtroom%2F&ei=oAtpU-joJeHisATMs4D4AQ&usg=AFQjCNFEuQvMNBk-xB4G07QNA7g3GRIiVw&bvm=bv.66111022,d.cWc

·         http://civilliberty.about.com/od/raceequalopportunity/tp/supreme_racism.htm

·         http://psycnet.apa.org/journals/law/7/1/201/

 

 

PRODUCT EVALUATION

PowerPoint Rubric

 

Beginning

Developing

Accomplished

Exemplary

Score

Content

Minimal single data accurate information is provided from court cases.

Information includes two accurate and comprehensive Steps, but some are lacking sources.

Information is 80% accurate and comprehensive.

Information is completely accurate, comprehensive, and carefully selected to meet the needs of the project, and incorporated Information from given cases.

 

Organization

Materials poorly organized with, lack clarity, and logical analysis of decision.

Less than half the materials and steps demonstrate organization, clarity and logical case analysis.

80% materials and information demonstrate organization, clarity, and logic of the cases

All materials and information are well organized, clear and logically analyze the cases.

 

Visual Display for PowerPoint

No use of graphic compelling images, paintings and photographs which vivify the issue.

Little use of color, pictures and other visuals that is motivating to students.

Some use of color, pictures and other visuals that are motivating to students.

Attractive display, using color, pictures and other visuals that are motivating to students. 

 

Punctuality

Presentation is turned in more than three days late.

Presentation is turned in two days late.

  Presentation is turned in one day late.

Presentation is turned in by the deadline.

 

 

 

 

 

 

 

 

 

CONCLUSION / REFLECTION

The role of racial bias in today’s court proceedings and decisions has not diminished. Cases such as the trial of George Zimmerman for the murder of 17-year-old Trayvon Martin,  and the trial of Michael David Dunn who shot and killed 17-year-old Jordan Davis are just the two most recent in our collective memory.  Beyond the tragedies of these trials and after the fatigue from the media’s over-coverage, hopefully frank conversations about race relations in America can continue. Here are some contemporary articles on this subject.

 

 

STANDARDS