SCOTUS Blasts Prosecution for Racial Bias in Death Penalty Jury Selection Case
The U.S. Supreme Court issues its decision in Foster v. Chatman.

Today the U.S. Supreme Court ruled in favor of a Georgia death row inmate who charged the prosecutors in his case with illegal racial discrimination against prospective black jurors during the jury selection process. "Prosecutors were motivated in substantial part by race," Chief Justice John Roberts wrote for the majority in Foster v. Chatman. "Two peremptory strikes on the basis of race are two more than the Constitution allows."
At issue in Foster v. Chatman is the murder conviction and subsequent death sentence handed down in 1987 to a Georgia man named Timothy Tyrone Foster. During Foster's original trial the prosecutors used peremptory strikes to eliminate all prospective black jurors, resulting in an all-white jury that ultimately sentenced Foster, a black defendant, to death. In 2006, thanks to a Georgia Open Records request, Foster's attorneys obtained jury selection notes from the prosecutor's office from that trial. Among other things, those notes featured the names of all prospective black jurors highlighted in green and marked with a "B." The notes also contained a list of names under the header "Definite NOs." That list included the names of all prospective black jurors.
Such evidence was more than enough to convince a majority of the Supreme Court that the Georgia prosecutors had crossed the line. "The focus on race in the prosecution's file plainly demonstrates a concerted effort to keep black prospective jurors off the jury," Chief Justice Roberts ruled today.
Writing alone in dissent, Justice Clarence Thomas raised two principal objections to the majority opinion. First, as a threshold matter, Thomas argued, the Court lacked jurisdiction to hear the case because Foster's petition was barred from moving forward by Georgia law. Turning then to the merits, Thomas argued the Court should have shown more deference to the prosecution. "Foster's new evidence does not justify this court's reassessment of who was telling the truth nearly three decades removed from voir dire," Thomas declared.
The Supreme Court's opinion in Foster v. Chatman is available here.
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Oh good, more Tulpa bait.
Now, now... Irish may chime in too.
I absolutely know this shit happens. I work in a law firm - it does not surprise me at all that people try to stack juries based on race. People do it in civil cases too. If they're representing a black person, attorneys try to get as many black people on the jury as possible and the opposition tries to get them struck.
Racial stuff like that is fucked up, but it clearly happens because there is some degree of racial tribalism that shouldn't exist but does and attorneys try to play that up since their job is to win, not to worry about social issues.
You seem to think that me needing evidence of racism beyond a simple disparity means I deny racism ever exists.
See. You did chime in.
But would you have if hadn't said you might?
"No fair! You changed the outcome by measuring it!"
I have created two universes now. Have pity on the doomed dimension where Irish commented without my interference!
Truly that is the darkest timeline
Does it have a goatee?
Fuck you God! Not today, bitch!
That's exactly something a racist would say.
I don't know. In such things, I usually feel ambivalent and/or indecisive.
Could you almost say you feel torn in half?
Damn it all.
Eh. 60/40.
So just your legs below the hips?
Makes sense.
Well, you are only *half* black.
But he's also half Jew, so he's 100% in the bag for Hillary.
Every day will stray further from God's light.
There is a universe when you read my comment first and didn't do this. Take comfort in that.
And a universe where I skipped the AM links and missed your... charming love story.
There is also a universe where you had to take a two-minute piss before posting, and commodious beat you to the punch. Hmm.
Or I took such a long whiz that this entire subthread wasn't even started.
Thomas argued the Court should have shown more deference to the prosecution
What a shock.
I don't know what it is with Thomas on this front. He's the overall best jurist on the court, but this is his biggest, glaring blind spot.
And it's not just the official cogs of justice, his deference extends to pretty much all authority figures. There's Morse v. Frederick (Bong Hits 4 Jesus) and Safford Unified School District v. Redding (Advil strip search).
If we could cross him with Sotomayor, who has great respect for the 4th and 5th, we actually would have a heroic mulatto on the SC.
Wouldn't that make him/her/xe more of a mestizo?
But a wise one.
If we could cross him with Sotomayor, who has great respect for the 4th and 5th, we actually would have a heroic mulatto on the SC.
*falls out of chair, limps up quickly begin rousing applause*
Thomas argued nothing of the sort: he argued that the Court should have shown more deference to the state court's decision, in which the state court accepted the prosecutors' reasons for their peremptory strikes.
BLASTS!
Mr. Foster confessed that on the night of Aug. 27, 1986, he broke into the home of Queen Madge White, 79. Her jaw was broken, she had gashes on the top of her head and she had been sexually assaulted and strangled.
A guilty person can get an unfair trial too. Whether he did it isn't relevant to whether or not prosecutors broke the law regarding racially stacking the jury
The prosecution racially stacked the jury to ensure he got a death sentence. Damon Root neglected to link to anything indicating that there is no doubt that Foster committed the heinous crime of rape and murder of an elderly woman while burglarizing her home. He should have been killed 30 years ago.
All the more reason it should have been unnecessary for the prosecution to rig the system against him, but they did anyway, because they act without regard for any legal or ethical limits on their office as a matter of course, and would no doubt do it in a case much less clear-cut than this one.
The conviction was never in doubt, only the sentence.
Which has what to do with anything?
What the fuck does that have to do with it?
Had they done their job correctly, and morally, he'd likely be dead and the matter closed.
You think our judicial system is moral?
Please point to the part of my comment that makes you believe I said that.
The story is about the wrongdoing of the prosecutors. A fair trial is both legally required AND is morally correct. The guilt or innocence of the accused has no bearing whether the prosecutors were shitbags or not.
A clear case of lese majeste.
That makes this all the more infuriating, though. Why did the prosecution feel the need to stack the jury if the guy was so obviously guilty? They went full retard for no reason.
Because they're used to getting away with breaking the law and do it's now second nature
After raping and murdering the elderly woman Foster stole an air conditioner, lamps, drinking glasses, sheets and towels
He confessed to his girlfriend who told the cops then confessed to the police on video.
He said he raped a 79 y.o. Not a huge shock she turned him in, I'd be pissed too
Reading the Supreme Court's ruling, there was also an element of religious discrimination as well as 3 White members of the Church of Christ were struck as jurors as the CoC was seen as a "Black Church".
Foster was a little slow. CofC believes that children are innocent and unaccountable. I wouldn't be surprised to find the D.A.took their belief into account too.
From the ruling:
So they, uh, *cough* didn't like Black CoC, huh?
*nervous chuckle*
But they are down with OPP.
"Moreover, a document acquired from the State's file contains a handwritten note stating, "NO. NO Black Church," while asserting that the Church of Christ does not take a stand on the death penalty"
They didn't do a particularly good job of hiding this.
If Foster had been executed within 18 years of his conviction no one would have ever seen those notes.
How do they know the "B" didn't stand for "Beautiful?'
Well, black is beautiful.
And how!
(I pissed off my black ex royally when I called Dawson black. "SHE'S AN ISLANDER." We both agreed she's our celebrity crush, though.)
Again, commodious, we know you're not racist. You mention the black ex everyday!
It's a curse. I... I went black.
*hangs head*
I can never go back.
eeewwwww
At least in this case there was actual evidence that specific jurors were targetted because of their race, and not some bullshit "proportionality to population" assumption that if your jury doesn't have 8.2 white, 1.4 blacks, 1.6 Hispanics, and 0.8 Pacific Islanders, its racism.
Yeah, takeaway I get from reading this is that it is OK to try to get all the black people struck from the jury pool, you just have to come up with another argument besides 'because they're black.'
You old, she pregnant. Can't have a bunch of old pregnant bitches running around. That's crazy, I'm only allowed to let in five percent black people. He said that, that means if there's 25 people here I get to let in one and a quarter black people. So I gotta hope there's a black midget in the crowd.
http://www.thecollegefix.com/post/27552/
Asians filing discrimination suit against Yale, Brown, Dartmouth. They have the lowest Asian enrollment rate.
Translated from diversity officer gibberish: suck it, Asians.
I haven't been around much lately, but I have to step in here. When I first read the article, my thoughts were similar to others: What has happened to Thomas?
However, when I actually read the opinion and his dissent, I found that for the most part, I agree with Thomas.
1) Thomas wasn't arguing that the Court should ignore this case, but rather should vacate and remand it back to the Supreme Court of Georgia to explain their ruling.
2) Throughout his opinion, he isn't so much showing deference for the prosecution, as he is showing deference to the courts of Georgia.
3) Nobody knows who wrote the notes in question.
4) There is alot more to the juror strikes than either the majority opinion or Root discusses.
Overall this is a poorly written summary of a case on which SCOTUS' majority was emoting rather than reasoning.
There is alot more to the juror strikes than either the majority opinion or Root discusses.
There's actually a lot less. The prosecution struck the jurors who they believed would not sentence Foster to death.
Which is a perfectly legitimate position for the prosecution to take.
In addition, the fundamental questions regarding Garrett and Hood weren't changed by the notes that were found in the prosecution's files.
It's no challenge for me. I scream stuff like that in the office all the time.
I scream stuff like that in the office all the time.
There's a reason you have time to come up with these perverse vignettes, isn't there?
No, it's more that they have just gotten used to it.
I told my boss that her water breaking was her "vagina puking all over the office floor" and she barely complained.
HR turns its weary eyes to you.
Sexy. Never really loved the whole afro thing, but her body is smoking.