An op-ed piece written by lawyer Elie Mystal says that black jurors should acquit suspects charged with a crime against a white man. This call for jury nullification is creating a lot of uproar and even death threats for Mystal. But Mystal is not backing down and continues to speak out on social media. Additionally, Mystal claims that black people have problems being chosen for juries on the first place.
As of late, race relations seem to be at a new low, as people like David Duke are resurfacing to praise President-elect Donald Trump, says the Inquisitr. David Duke is a former KKK Grand Wizard who does not back down from his beliefs that blacks and Jews are inferior to whites. And while Duke supported Trump in the recent election, Donald Trump’s son Eric said that people like Duke deserve a bullet in their head.
LawNewz says that lawyer and Above the Law editor Elie Mystal says that black jurors should acquit black suspects if the crime was committed against a white person in all cases, including assault and murder. This is what has been known as jury nullification to a whole new level.
“Black people lucky enough to get on a jury could use that power to acquit any person charged with a crime against white men and white male institutions.”
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Elie Mystal is a Harvard Law School grad who says that even if, as a juror, you know the person is guilty, you should still vote not guilty, which to many seems counter-intuitive. But Mystal says that this might be the only remedy to even the playing field, so to speak, for the injustices suffered by the black community at the hands of police and others. He believes that white people refuse to find police officers guilty, even when it is clear that they are.
“White juries regularly refuse to convict or indict cops for murder. White juries refuse to convict vigilantes who murder black children.”
Mystal wrote the piece in part as a response to the death of Walter Scott at the hands of Officer Michael Slager, which was caught on camera.
Elie Mystal admits he is looking to cause chaos in the American judicial system with passing along the idea of jury nullification throughout the black community. He wants to use jury nullification as a form of protest. Mystal’s essay is lengthy, but goes into great detail about his plan.
“We can b**ch and we can march and we can refuse to stay in Trump hotels. But until the system stops giving white people something they want — the orderly procession of justice — then they will not be motivated to change the system. I WANT CHAOS IN THE PROSECUTOR’S OFFICE. And you can’t accomplish that with a bomb or a gun….”
Mystal says there has been a history of jury nullification like in the case of Dr. Jack Kevorkian, who was found not guilty of the crime of physician-assisted suicide by a jury that knew very well that that is what he had done, because he thought the law was unjust, and the jury obviously agreed.
But Mystal’s editorial posits that the majority of white people are so racist that they would prefer that a murderer be allowed off the hook, simply because they were white, and put a black man in prison for the crime of being a man of color.
“But can you imagine a world where a prosecutor could get a conviction on, say, a hate crime, but couldn’t get a conviction against a guy accused of stealing a white man’s Mercedes? White people aren’t willing to indict a cop for choking a black man to death in broad daylight. Imagine if black people weren’t willing to indict a citizen for punching a white guy in the mouth?”
The Washington Times says that Elie Mystal quotes the work of Georgetown University Law professor Paul Butler, who says that jurors need to take the law into their own hands. They both believe that if juries refuse to convict black defendants, it could make a difference.
“The stench of it will choke the system until it is willing to change.”
What do you think of Elie Mystal’s op-ed piece of jury nullification?
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