Test Our Jury's Solution

"All men are created equal." 

 The United States' founding fathers had this idea deeply imbedded into their minds when they established our great nation. One of the greatest ideals they implemented was the idea that all men are a clean slate, Tabula Rasa. This meant that all men are innocent, until stained. 

The question then stands:  Why are some men convicted of crimes that they did not commit? Inversely, why do some people walk away without any conviction?

More often than not, the jury is to blame. These juries, often biased or uneducated, hold the lives of the suspect in their hands. As our nation's people slowly become more and more apathetic towards the values that the US was built upon, less people know of the laws that we are governed by. This, in turn, puts people who do not know the laws of our land into a jury due to the citizens' civic duty of serving on a jury.

To make matters worse, evasion of jury duty is punishable by law, which forces these apathetic citizens into sitting through a case in which they are neither educated nor interested in. In what way is this fair for those suspects whose lives are on the line?

Although this seems like something that is unavoidable, as apathy is merely a human quality, there is a viable solution to our problems. 

By simply implementing a test that a potential jury must take in order to measure whether they are suit to judge others, we succeed in weeding out those who are not fit for the opportunity. This test would cover background information, as well as laws that are crucial to the case. Failure to pass this test would push their jury duty back until they become a suitable choice. Excessive failure of the test due to apathy would then be punished by requiring the person to pay for their own exam.

This blog was created in order to inform the public of past and present cases in which the jury was corrupt or incorrect in their choices. Hopefully the public eye will be opened to this simple solution to a major social and political issue.


-Matt Kim

The Innocence of Darryl Hunt

http://www.innocenceproject.org/Content/Darryl_Hunt.php

Darryl Hunt was wrongly accused for stabbing a 25 year old girl 16 times. Even though there was not any evidence at all for the murder of the 25 year old, he was still a subject of the killing. He was then charged for a degree of murder. Even though Hunt's girlfriend testified that he was with her during the murder. In 1984 Darryl was sent into prison for a murder that he has not causes, then in 1994 he was proven his innocence.

This case has proven the jury system is not accurate or reasonable, they have accused Darryl for a murder that has no evidence and has proven that he is innocent and still charge him for a first degree murder. The reason why Darryl was charged for murder was because it was a full white jury and he look similar to the murder.

To make this a better jury system, there should be more evidence put into a trial before assuming and charging an innocent citizen for murder.

Sentencing is 2012 Marine murder case delayed over possible juror misconduct

http://www.washingtonpost.com/local/crime/sentencing-is-2012-marine-murder-case-delayed-under-questions-of-juror-misconduct/2014/05/30/cd8b1310-e81f-11e3-8f90-73e071f3d637_story.html

Sentencing is 2012 Marine murder case delayed over possible juror misconduct

In this article a marine was accused of fatally stabbing another marine in a fight in 2012. In this case there was two superior judges looking over this case. The marine was sentences to 15 years according to the jury, but they pushed back the sentence because jury misconduct. One of the juror was convicted of registered sex offender; the other was the victim of a violent crime. They held another case to retrial, because of the misconduct of jurors. Now the defense Attorney are more aware of backgrounds of jurors to make their decision more accurate. The case is undecided and was suppose to have a retail on July 11.

This case was shows the misconduct of what uninformed jurors can cause to a high profile case. Jurors should be informed and have clean background to avoid bias sentences.

This case relates to what we are trying to point is that jurors should be informed. If we had a test to make sure that jurors are informed of what they are doing, then this misconduct's of jurors would not happen.

Glenn Ford, Free From Death Row After Nearly Three Decades

http://www.huffingtonpost.com/2014/03/11/glenn-ford-black-man-wrongfully-convicted_n_4944670.html

After nearly three decades of being a prisoner on death row, Glenn Ford, 64 and black, was convicted by an all-white jury in 1983 robbery and murder of Ishadore Rozeman, the owner of the jewelry store that was robbed. Ford was found guilty in 1984 and sentenced to death by electrocution. Ford has been held at Louisiana Penitentiary in Angola since March 1985.

For three decades, Ford has maintained his innocence and filed many appeals, most of which were denied. In 2000, there was a hearing on Ford's claim that the prosecution did not mention evidence related to Jake and Henry Robinson, two brothers who were initially implicated to the crime. An unidentified informat in 2013 told the prosecutors Jake Robinson had admitted to killing Rozeman.

It is horrible what has happened to Glenn Ford for the last three decades. The justice system has wrongly convicted him and neglected evidence that would have acquit him of the crimes. The implementation of the test can save a man or woman from living on death row and condemn the real guilty party.

Lynn Dejac Trail

http://www.law.umich.edu/special/exoneration/Pages/casedetail.aspx?caseid=3169

Lynn Dejac has been accused of "killing" her daughter, but the true story was that her daughter Crystallyn Girard died from overdoes of cocaine. For a few years people have believed that she was the murder of her daughter. Even with the false info from Wayne Hudson saying that Lynn confessed of killing her daughter. With that Lynn has been charged with second degree murder. Then looking more into the murder of Crystallyn, DNA was found in and on her body. With the DNA found it was revealed that it was a mans DNA in her skin cell similar found on the wall. Then in February 13, 2008 found a new autopsy that she was killed by cocaine.

With this case being easily solved, the jury should not listen to Wayne Hudson because he was charged with forgery charges and sentenced to life for a offender. Also with better evidence and DNA test, Lynn would not have been accused for murder. With a jury playing a role into the evidence, they should have listened to Lynn statement and give her a chance to prove her innocence.

To make this jury system more equal and fair, citizens should have the right to speak their statement before getting accused.

Valentin Cabajal's case

http://blog.sfgate.com/crime/2013/04/08/court-unravels-judges-mistake-in-molesting-case/

 A Los Angeles Countryman was accused for sexually abusing his daughter and stepdaughter. Valentin was convicted back in 2007 for molesting his daughter on three accounts. They added nine accounts to Valentin for molesting and raping his daughter. The question here was whether he raped or molested multiple victims because this indicates how many years Cabajal receives. The judge asks whether Cabajal did or not or information regarding to whether Cabajal sexually abused other victims. According to blog.sfgate.com, reinstates the second jury’s verdict and Carbajal’s full sentence of 83 years to life. According to blog.sfgate.com, "Goodwin Liu threw in some advice for judges in future cases: Don’t ask jurors questions they can’t answer".

Here you have a judge who does not have all the information and the jury itself isn't well educated to answer the judge's question. With our test, this will exemplify these type of jurors and ensure a jury that will make this trial more efficient than the jury they had in this case.

Being convicted to many years life is a huge deal and the jury decides that. We need to ensure a proper jury or we may put a person's life in someone's hands.

A Retrial for John Goodman

http://articles.sun-sentinel.com/2013-05-03/news/fl-goodman-new-trial-ruling-20130508_1_john-goodman-goodman-case-circuit-judge-jeffrey-colbath

John Goodman, a polo magnate, was convicted of DUI manslaughter and sentenced to 16 years in prison will received a new trial that was ordered by a Palm Beach County judge because of new evidence of juror misconduct during the first trial. Dennis DeMartin, a Delrey Beach retiree was accused of lying to get a seat on the jury.

DeMartin repeatedly denied that his ex-wife was arrested for a DUI in Connecticut in 1997. DeMartin and five other jurors found Goodman guilty of driving drunk and smashing his Bentley into Scott Wilson, 23. Goodman, saying his car malfunctioned, walked away and drank after the crash to dull the pain of a broken wrist.

With DeMartin's background, he could doom the defense and make the trial unfair. This problem can rise in any trial, whether it deals with murder, kidnapping, or DUIs. The test implementation for the jury would prevent this kind of problem from happening. The solution can help our system be more efficient and fair.

Wrongly Accused.

http://www.law.umich.edu/special/exoneration/pages/casedetail.aspx?caseid=3892

The Thomas Kennedy case is about a father being wrongly accused for raping his daughter. With his daughter accusing Kennedy for raping her, he has been sentence to prison for 15 years. Later then Kennedy's daughter admitted that it was false and that rape was a lie, because that she accused her father for raping her was because she had sexual relations with a boy in the second grade.

I believe that Kennedy was wrongly accused because there was not enough evidence that he physically raped his daughter. This case could have been easily proven that he was innocent if they had given him an equal trial and fight for what he was wrongly accused for. I believe that with the correct jury system, he could have been proven innocent and his daughter being at fault for the one making the rumor that her father has raped her daughter.

To solve this problem with jury being biased, each citizen should have a chance to speak. Also have a trial to prove they are innocent.

The Death of Kelly Thomas

http://www.voiceofoc.org/oc_north/fullerton/article_9c5dd876-5b12-11e3-bf3c-001a4bcf887a.html

Eerily similar to the Rodney King case, homeless and schizophrenic Kelly Thomas was brutally beaten by the Fullerton Police Department. Officer Manuel Ramos led the beating along with five other officers. According to the prosecution and the 33-minute video, Ramos frightened and taunted Thomas into attempting to run away, which resulted in more beatings that eventually led Thomas into falling into a coma and dying five days later. The video shows Thomas being harassed. 

The jury consisting of four males and eight females are selected for the case against the Fullerton police officers. Cases like Rodney King and Kelly Thomas raise many social issues. With Rodney King, racism was the theme that led to Los Angeles riots and 53 deaths when Ventura County' Simi Valley's jury, largely conservative,  decided to acquit the four officers involved in the case. With Kelly Thomas, attitudes towards the homeless and mentally ill are fundamental to the case.

Officer Manuel Ramos was charged with one count of second-degree murder and one count of involuntary manslaughter, pleaded not guilty. Trials began on December 2, 2013 and concluded on January, 2014 with Ramos and his fellow officers found not guilty on all criminal charges. Many protests picked up after the verdict and many protesters were arrested after ignoring a dispersal order made by the police.

Kelly Thomas died from excessive force and was not brought to justice because of our justice system. This is another instance where our solution can fix the system and bring justice to Kelly Thomas, Rodney King, and others like them.

Lizzie Bordon case of 1893

http://people.howstuffworks.com/ten-controversial-court-cases.htm#page=2

The murder of Andrew of Abby Bordon happened on August 1892 which was the murder of two parents of Lizzie Bordon which was ultimately she was home by herself when this all happened with her parents murdered. They say that this happened in Fall Rivers, Massachusetts. The evidence claims that Lizzie used an axe which killed her parents. There was 40 axe slashes to her stepmother and 41 axe slashes to her father which was brutal. A witness says that they saw Lizzie burn her own dress, but she claims that she burned it due the fact that it was covered in paint. She ended up not be guilty, because there are no witnesses to prove any of the events that happened.

This is one of the many stories where the person has gotten away. The jury believe that there was no proof that Lizzie killed her parents or if she had a bad relationship with her parents at all. If we had our test during this time period, then we would be able to get more qualified jurors. A story like this is held way into the past, however can be a prime example that be prevented if we had our test.

People who are brutally killed should have peace and that starts with the voices of the people and the evidence that is seen.

Turner v. Stime

http://statecasefiles.justia.com/documents/washington/files/270378.opn.doc.pdf

  Turner v. Stime was a 2007 court case about medical malpractice in Spokane, Wash. The plaintiffs, the Turners, were represented by Mark Kamitomo in their lawsuit opposing Dr. Nathan Stime. The trial and jury included persons of Caucasian descent, with the exception of Mr. Kamitomo. During deliberations, two jurors reported that some jurors had mocked Mr. Kamitomo's Japanese heritage, claiming it was appropriate since it was Pearl Harbor Day (December 7, 2007).

Some jurors in the trial state that two women and three men made racially derogatory remarks towards Kamitomo, mostly referring him as "Mr. Kamikaze" and "Mr. Miyagi." This was undeniable evidence of juror misconduct. An able jury would be able decide on a fair verdict that would be justified. This sort of system gives innocent people a higher chance of being wrongly accused of a crime they did not commit.

There a a straightforward solution to a long lasting problem. The implementation of a test to the jurors to check if they are well-informed of our justice system and the rights our forefathers' fought to achieve for this free nation. This solution will only work if this dilemma is brought to the public. For the government to hear the correct solutions, our voices need to be heard.

Rodney King Trial

http://www.history.com/this-day-in-history/rodney-king-trial-verdict-announced

Rodney King Trial
Majd Kazzaz

The Rodney King trial was based on an African-American male citizen who severely beaten down by several Caucasian officers who were released unpunished. The force that was used by these police officers was extensive and unnecessary. There is clear and obvious evidence that places these officers in the wrong. A video by George Holliday shows the officers, named Powell and Wind, inflicting over fifty baton blows and several kicks. One or more of the baton blows seemed to land on King's head. The video can be seen here. Even though the evidence is clear and over 90% of the people in Los Angeles agree that the officers are guilty of police brutality and unlawful use of force, the jury consisting of 10 whites, one Hispanic, and one Filipina decided to announce them not guilty. It is a widely accepted around the nation that these officers should have been convicted of commiting crime. The jury, on the other hand, went against the widespread belief and announced them innocent.

With a system that implements a test to make sure that the jury is fair and unbiased, this could have easily been avoided. This specific scenario demonstrates the importance of a change needed in our justice system. That is why we must make our voices heard and do whatever is in our power to force this change into our government.

Willingham Execution

http://www.statesman.com/news/news/state-regional-govt-politics/family-seeks-pardon-for-executed-man-convicted-on-/nSmnN/

Willingham was executed in 2004 for being accused for killing his children. Willingham's family members claimed that he was innocent due to the weak evidence that was pulled from the fire. With the Texas Forensic Science Commission pushed reviews of other Texas conviction, they discussed the unprepared and weak investigation technique. Without the full investigation on Willingham, he did not get an equal trial which then concludes that he was sentenced to death.

This jury trial could have been easily been prevented by giving Willingham a better investigation and more reasonable trial. By continuing the justice system that has been witnessed today, many innocent men can be accused for the wrong matter without a strong investigation and evidence. This solution to this problem in our justice system is a test to justify the jury's knowledge and qualification to represent rights.  

To help each trial being fair, each jury foreman should follow the amendments and give citizens an equal trial. Let the citizens to prove their innocence and let them be heard

OJ Simpson Trial

http://usatoday30.usatoday.com/news/index/nns053.htm

The former football player O.J. Simpson was held accountable for two murders. The murder of his ex wife, Nicole Simpson and Ronald Goodman who was a waiter. This case was the most recognizable case there is in US history as there were 90 million viewers of the OJ Simpson case during the time period. Simpson hired a high profiling team lead by Johnnie Cochran which helped OJ convince the jurors of the unreliable DNA testing there was of the blood sample which was seen at Nicole's house. Goodman's family ended up suing OJ for the murder of Ronald Goodman, but eventually OJ was not convicted of both murders and was let go freely. This was an uproar in American society as the viewers can not believe what has unfold beyond their eyes. There was suppose to be another case awaiting OJ which was the grand jury, but it was called off two days later due to the excessive media coverage. OJ Simpson is still a freeman today and will live as the symbol of injustice among 90 million views.

Ultimately, there OJ had the upper end in getting away in this case as the officers believes that it was a solid case ready to be taken by a breeze. This high profiling team that OJ hired ended up saving him due to Johnnie Cochran taking him to higher heights and convincing the jury of his innocence. This case would have gone a different way if we have a different jury at the time. If we implemented a system of a test where we get well-qualified jurors, then the case could have taken a different spin and the outcome would have been different.

The voices of America was heard, but ultimately it was in the hands of jurors who did not do justice that day.

Trayvon Martin v. George Zimmerman

http://www.cnn.com/2012/04/23/justice/florida-zimmerman-timeline/

Trayvon Martin is an 17 year old African American young man of Miami Islands, Florida was suspended from Krop High School due to drug possession. Trayvon was meeting up with his father this weekend due to the suspension. The other man in the picture, George Zimmerman is a man who was a part-time student at a college and captain at the Retreat at Twin Lakes gated community in Sanford at the time of the shooting. However, George Zimmerman and Trayvon meet one night on February 26th and Zimmerman says that there was a suspicious figure walking around their neighborhood which was Trayvon. Zimmerman calls in to the police and was told not to confront the figure, but he pursues Trayvon anyways.He confronts Trayvon and asks what he was doing as Zimmerman claims that Trayvon ran away from him. The two confronted each other again and fought as Zimmerman claims that Trayvon punched him in the nose which lead to a brawl between the two and Trayvon being shot, but there were not witnesses. This went up to an uproar of a case as Zimmerman pleaded not guilty with all the evidence that was presented at the first trial. Sanford Bill Lee states that Zimmerman can not be pressed charges or be guilty of events that can not be proved. This event lead to petition of around eight hundred thousand people petitioning for Zimmerman's arrest and it was taken to a grand trial where they find more evidence including a video where Zimmerman used racial slurs against Trayvon and claiming that Trayvon broke his nose first before he evidently shot him as this grows in to a controversy, Sanford Police Department policemen Bill Lee resigns and Zimmerman loses his representatives and is eventually arrested for second degree murder.

This could have been easily prevented only if we had a system where the jury was well educated and fair. The system we have may work as of now, but so many others have gotten away with their crimes. Zimmerman ended up being guilty and taken to jail, however it took a grand trial to do that. Only if we had a test that showed that the jury was well rounded to fight for what was right in Justice.

Luckily, citizens did Justice today as Zimmerman did eventually get caught and was sent to jail with the unification of our country, but this could have been quickly settled faster if we had a stronger voice.

Casey Anthony Trial

http://abcnews.go.com/US/casey_anthony_trial/casey-anthony-guilty-murder-caylees-death/story?id=13987918

Casey Anthony Trial
Majd Kazzaz

 The jury in the Casey Anthony trial decided that she was innocent and that she had not murdered her daughter. The evidence to convict Casey Anthony in the tragic death of her 2-year-old daughter was strongly present. More than enough Americans believed that this women was guilty, everybody but the 12 jurors who had the only votes that counted. A veteran FBI specialist on hair, Karen Korsberg Lowe, testified a 9- inch strand of light brown hair found in Casey Anthony's trunk not only matched DNA in the Anthony family, but also matched hairs pulled from Caylee's brush. The evidence clearly went against Casey Anthony and everybody was shocked when a Florida jury came back with a not guilty verdict on first-degree murder and manslaughter charges against Anthony.

This scenario could have easily been prevented by implementing a system in which the jury must be well-qualified. By continuing the justice system that we witness today criminals have a high chance of walking away unpunished. Inversely, many innocent people have also been convicted of crimes they have not committed. The solution to this weakness in our justice system is simple, implementing a test that justifies that the jury is knowledgeable and qualified to represent the rights that this country was founded on.

To make this change possible, the citizens of the U.S must have their voices be heard and bring this predicament to the attention of the public.