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Racial Discrimination and Jury Selection, 2004.
An examination of racial discrimination in the jury selection of current American trials.
3,624 words (approx. 14.5 pages), 17 sources, APA, $ 100.95
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Abstract
Although American jurisprudence has held that a juror cannot be included or excluded on a jury on the basis of race, beginning in the mid-20th century, many observers suggest that the entire process today is riddled with loopholes that allow attorneys to ?shop? for jurors who will support their position based solely on racial considerations. This paper provides a review and discussion of the relevant literature on racial discrimination in jury selection, followed by a summary of the research in the conclusion.
From the Paper
"What is known is that the composition of a jury can make the difference between a guilty verdict and a defendant going free, with distinct differences being found between black and white juries. For example, a study conducted by psychologist Dennis Ugwuegbu determined that white jurors were more likely to find a defendant culpable of rape when he was black and the victim was white than in other racial combinations; on the other hand, blacks were more likely to find that a white defendant was culpable when the victim was black (Hans, 1986)."
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Jury Selection, 2005.
This paper examines the problem of racial bias in jury selection.
935 words (approx. 3.7 pages), 4 sources, MLA, $ 33.95
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Abstract
This paper explains that, before one piece of evidence is displayed and discussed, the jury, who must evaluate this evidence, are often flawed in their selection for only one reason---race. The author discuses two landmark cases, which ended up in the Supreme Court because of this racial imbalance that tainted the evidence presented: "Swain vs. Alabama" and "Batson vs. Kentucky". The paper relates that, on the other hand, in the OJ Simpson case, a jury with many blacks acquitted him after being urged in the closing arguments to nullify the jury ideal and to vote to acquit because the defendant is black and you, the jury, as blacks, have suffered at the hands of the police.
From the Paper
"First, "Swain v. Alabama", which arose from the 1962 prosecution of a black man "convicted and sentenced to death by an all-white jury for raping a white woman in Talladega, Florida Although 26 percent of the people then eligible for jury service in the county were black, no African-American had sat ion a trial jury since at least 1950." When it came time to select the jury that would try the case, however, prosecuting attorneys and sometimes defense attorneys used peremptory challenges to eliminate all of the blacks who were potential jurors. It is interesting to note that sometimes black defendants will instruct their attorneys to exclude blacks, believing that they would want to "show" their white fellow jurors that they could be just as severe on blacks as they could."
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Jury Selection, 2007.
An analysis of jury selection strategies and rationale in the American courtroom today.
2,213 words (approx. 8.9 pages), 10 sources, MLA, $ 68.95
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Abstract
This paper contends that even jurors are just human and are prone to the same kinds of mistakes that all people make and that it is the responsibility of the courts and their officers to ensure that those who serve on juries possess the requisite qualifications to serve without prejudice. To determine what these qualifications are and how they are discerned during the jury selection process, this paper provides an overview of voir dire, case law and a discussion of how these play out in real-world settings today. A summary of the research and salient findings are provided in the conclusion.
Outline:
Introduction
Review and Discussion
Background and Overview
Controlling Legislation
Common Jury Selection Strategies
Conclusion
From the Paper
"Constitutional interpretations of the law vary according to the social context in which they are made, and this is clearly evident in the Supreme Court decisions over the years concerning jury selection. "Because of constitutional law's indeterminacy," Klarman (2004) advises, "social and political context matters greatly to constitutional interpretation, as the Court's decisions in the race area demonstrate" (pp. 448-9). According to this author, the Supreme Court addressed race discrimination in jury service for the first time in Strauder v. West Virginia (1880). In this case, the Court struck down a law that prohibited blacks from serving on juries; however, Klarman emphasizes that Strauder relied on the Fourteenth Amendment rather than the 1866 Civil Rights Act and focused on the civil rights of black defendants instead of the political rights of jurors who were excluded from service by virtue of their race."
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Race and Jury Selection, 2005.
A discussion of jury selection.
675 words (approx. 2.7 pages), 3 sources, $ 26.95
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Abstract
The paper considers the jury selection of an African American man charged with armed robbery. During the selection process a prospective juror is stricken by the prosecution in order to have a racially representative jury. The paper contains two essays, each with a compelling argument for or against the challenge, and both based upon the Supreme Court ruling in 1986, Batson v. Kentucky.
From the Paper
"In the case in question for this essay, the defendant is an African American male being tried for armed robbery. As the voir dire process is being undertaken, the prosecution exercised a preemptory challenge to strike the sixth prospective juror from consideration. The sixth juror was, like the defendant, an African American, as were three of the five jurors already selected. When asked to defend this motion and action, the prosecutor stated that the juror should not consist of a racial makeup that is disproportionate from that of the nation as a whole. In this case, the jury would be 80% African American which is far different from the racial makeup of the United States. As logical as this argument sounds, the judge need only look at the 1986 Supreme Court ruling, Batson v. Kentucky, to see that this is illegal and cannot be allowed during the voir dire process."
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Scientific Jury Selection, 2004.
This paper serves as a review of literature on efficacy of jury selection.
678 words (approx. 2.7 pages), 2 sources, APA, $ 23.95
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Abstract
In this article, the writer reviews literature on the efficacy of jury selection. The writer discusses the inherent problems in this matter. Further, the writer describes the process as a combination of science and intuition or guess work. The use of a jury consultant is also examined.
From the Paper
"Scientific jury selection is essentially partly science and partly intuition or guesswork. The science involved is a combination of sociology and psychology, as jury selectors have learned that the best predictors of juror behavior are the characteristics of the defendant in a particular case and the way the juror perceives those characteristics. Even when science is applied to this relationship however, predicting juror response is still a matter of some guesswork. Science can only lead to a prediction of juror behavior, it cannot guarantee that the ... "
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Racial Discrimination, 2005.
This paper discusses how the racial perspectives of the jury impacts on verdicts against minority defendants.
1,125 words (approx. 4.5 pages), 4 sources, $ 44.95
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Abstract
The paper maintains that the truth of race in courts is that mixed race juries tend to not reach a guilty verdict against minority defendants as frequently as all white juries. The paper presents how research has also determined that the race of the lawyer has little effect and that the race of the judge has no effect on the outcome of the trial. The paper therefore contends that it seems that the inherent racial perceptions of the common layperson most often makes up the population of the jury.
From the Paper
"A clear case can be made that supports the idea that there exists a racial bias against court defendants who are minorities. One has only to look at the statistics of men and women of color who are in jail - for some groups, the ratio of minorities in jail versus their relative percentage of the national population is greater by as many as thirty or forty times. There is psychological evidence that jury members are less likely to convict members of their own race and more likely to convict members of races with whom their own race has had a traditional conflict - which is why many prosecutors actively seek all-white juries in criminal cases involving a black or Hispanic defendant."
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Charles Darwin's Concept of Natural Selection and Sexual Selection, 2006.
An objective study of Darwin's theories of natural selection.
841 words (approx. 3.4 pages), 1 source, MLA, $ 29.95
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Abstract
In this paper the author reviews the books that Darwin wrote; "Origin of Species and The Descent of Man", which lead to his theories of natural selection. He discusses the theory of how types of living things (species) arise in different places and how the four theories of Darwin were developed ; diversity, competition , survival of the fittest and adaptation. The paper concludes with natural selection and the concepts of sexual selection that support Darwin's theory of the origin of species.
From the Paper
"However, natural selection is not the only process responsible for evolution; another process is sexual selection. Darwin anticipated that sexual selection would be a potential criticism of evolution through natural selection and therefore put forth great effort to explain these occurrences. Thus, sexual selection refers to selection acting via effects on mating success. Natural selection, then, refers to effects on other fitness components like viability, survival. Darwin recognized the two processes as mutually exclusive."
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Labor Market Discrimination, 2002.
This paper discusses various types of discrimination in the labor market, especially discrimination against women.
2,810 words (approx. 11.2 pages), 11 sources, MLA, $ 83.95
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Abstract
This paper defines discrimination as an insidious factor, which prevents one or more individuals from getting the same treatment, remuneration, and opportunities that others who belong to the same category, with the same qualifications, the same abilities and capabilities get from a business enterprise, whether private or government-owned. The author points out that, in corporate discussions, men have a tendency to interrupt women and to decide on the agenda more than women interrupt men or decide on discussion topics; women?s interruptions are seen as violations of norms of subservient behavior; whereas, men?s interruptions are encouraged. The paper relates that gender discrimination is illegal according to the Title VII of the Civil Rights Act of 1964, as amended, which covers employers with 15 or more full-time or part-time employers and prohibits discrimination in hiring, firing and other conditions of employment on the basis of race, color, religion, sex or national origin.
Table of Contents
Introduction: Types of Discrimination in the Labor Market
Wage Discrimination
Occupational Discrimination
Human Capital Discrimination
Case Study: Discrimination Cases Against Wal-Mart
Gender Discrimination - Definition
How Gender Bias Influences the Wages of Women
Wage Disparity
Illegality of Pay Discrimination
Economic Disparities by Gender, Race, and Ethnicity
Women?s Working Conditions
Glass Ceiling
Sexual harassment
Impact of Gender Discrimination ? Gender and Production Possibilities
Solutions:
Government Acts ? Civil Rights Acts Affirmative Action
Conclusion
From the Paper
"Wal-Mart, the biggest supermarket in the United States has had its fair share of lawsuits involving racial discrimination, sexual harassment, age discrimination and other employment problems. The costliest is a class suit, which, if won by the accusers, could result in Wal-Mart paying hundreds of millions of dollars in damages to some 700,000 women workers. The women hope to be able to ?shatter the largest glass ceiling, at Wal-Mart,? dismantle procedures and practices and allow women workers better options at work."
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The American Jury, 2008.
This paper explores J. Abramson and N. Finkel's ideas about the proper function of the jury in modern American society.
2,594 words (approx. 10.4 pages), 2 sources, APA, $ 78.95
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Abstract
The paper examines the works of J. Abramson in "We the Jury" and N. Finkel in "Commonsense Justice" who consider the role of the jury today. The paper explains these authors' concerns about jury selection and function in the criminal justice system in modern society. The paper also points out that neither Abramson nor Finkel determine concrete solutions that will alter the jury system appropriately. The paper is of the opinion, however, that the works are significant in that they provide evidence for society to consider regarding the future of the jury system.
From the Paper
"What is the proper function of the jury in modern American society? Two recent books, Abramson, We the Jury (2000), and Finkel, Commonsense Justice (1998) , consider this question and various subordinate issues that arise from the role and the control of juries in the modern setting. Jeffrey Abramson is a professor of politics at Brandeis University. In We the Jury, he undertakes a comprehensive study of the institution of trial by jury in America. In this study, he ranges from the role of the jury in the colonial period to issues of the impact of racial bias in modern capital cases. He explores the complex process of modern jury selection with all of its controversies, and makes a strong case for the importance of requiring unanimous verdicts in criminal cases. He also offers an extensive and cogent discussion of the current "fully informed juror" question, better known as jury nullification."
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"The Runaway Jury", 2005.
A review of the film, "The Runaway Jury".
822 words (approx. 3.3 pages), 0 sources, $ 29.95
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Abstract
This paper examines how the movie, "The Runaway Jury," tells the story of a lawsuit for wrongful death made against a gun manufacturer and how, as the story unfolds, the viewer sees that both the defense attorney team and two people not directly related to this lawsuit are trying to manipulate the legal process in order to get the outcomes they prefer to see. In particular, it looks at how the movie suggests that our jury selection process, and hence our legal system, can be corrupted in a variety of ways.
From the Paper
"The movie illustrates potential ways to corrupt the trial process in several ways. While the efforts of the jury expert hired by the plaintiff's lawyers seem to work within the guidelines of the law, the viewer is given many indications that he cares little for staying within legal boundaries. He has a list of potential jurors before the jury selection process has begun, and he and his subordinates put tremendous effort into finding out all they can about them prior to jury selection. While this may not be illegal, the character, Mr. Finch, says, "Trials are too important to be left up to juries," and "Everybody has a secret they don't want you to find." After the jury has been selected, his team begins to dig to try to find personal secrets they can use against the jurors to influence their votes."
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Discrimination in the Modern Workplace, 2001.
This paper takes a look at the issue of discrimination of employees in a workplace. It defines what discrimination is and examines different forms of discrimination.
1,400 words (approx. 5.6 pages), 7 sources, MLA, $ 46.95
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Abstract
The writer of this paper addresses this sensitive issue which has come to light more due to the globalization of many companies. The paper examines different forms of discrimination such as race, sex, national origin, religion, age and disability. It also looks at manners in which one can be discriminated against.
From the Paper
"With the 21st century workplace ahead of us and a country full of diversity surrounding us, the changing ethnic, racial, age, and gender composition of the workforce will become more evident in the years to come. This modern workplace will bring in a group of diverse employees to accompany tighter labor markets and changing worker demographics. These changes in the modern workplace will have important implications for employers across the country. ?High skills and knowledge are important to American firms competing in a global economy.? (Dresser, 1996) As always, the best measure of a employee or potential employee is skills and knowledge. But we all know that it doesn?t always work that way. And, while the U.S. workforce as a whole has a higher educational level than ever, some problems evolving in the modern workplace are clear; discrimination is part of the problem. All the greater knowledge and skills level the United States is welcoming is coming to employers in all new packages."
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The Impact of Movies on Juries, 2001.
This paper examines how courtroom scenes in movies have an effect on true jury selections.
1,400 words (approx. 5.6 pages), 8 sources, $ 46.95
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Abstract
This paper discusses how certain movies and television shows today that portray trials adequately and correctly to the public viewers but there are some details that are incorrect. The author discusses the correct way of selecting a jury, examining witnesses and introducing evidence into a trial, and looks at particular films which may affect the general public?s opinion of a trial by jury, such as ?My Cousin Vinny? and ?The Rainmaker?.
From the Paper:
"Movies and television display correct as well as incorrect details about the process of a trial by jury. The public?s perception can be easily influenced by watching movies and television that present incorrect details of trials. By learning the actual and correct process of a trial by jury, the public will become more informed of the errors presented in television and movies."
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Discrimination in the Workplace, 2006.
This in-depth paper analyzes the issue of discrimination in the workplace, while supplying a comprehensive evaluation to key issues relevant to this topic.
3,067 words (approx. 12.3 pages), 7 sources, MLA, $ 89.95
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Abstract
The writer of this well-researched paper contends and explains why discrimination in the workforce is a growing problem that has affected thousands of organizations, large and small operating in today's global marketplace. This paper defines discrimination in the workplace as any type of behavior, action, belief, value or attitude that impacts another individual in a negative manner, that is based on one's racial identity, gender, sex, disability status, age or some other personal factor. This paper cites the many laws and acts that have been enacted to protect individuals from various forms discrimination. The most basic law that protects employees from discrimination on the job is Title VII of the Civil Rights Act of 1964, which prohibits job discrimination on the basis of race, skin color, age, gender, religious belief or national origin. The paper also details the impact of affirmative action in the workplace. Depending on the organization, affirmative action is necessary in an environment where one population or subgroup of people has been continually underrepresented or disadvantaged. This paper analyzes the impact these laws have on human resource departments. Human resource departments have an obligation under the law to inform all employees of their legal rights relating to discrimination in the workplace.
Table of Contents:
Introduction
Discrimination
Discrimination Laws
Affirmative Action in the Workplace
Human Resources and Discrimination
Conclusions/Recommendations
References
From the Paper
"Affirmative action may be necessary in an employment environment where one population or subgroup of people has been continually underrepresented or disadvantaged. It truly depends on the organization. It can be a means of protecting certain classes or groups of people and ensuring that everyone in the workplace is afforded the same access to employment and the same employment opportunities. It is not designed to be a form of reverse discrimination. There is adequate evidence suggesting that discrimination still exists in the workplace. Until discrimination is completely abolished and is no longer an issue, a need for affirmative action programs and other programs geared toward eliminating inequities continues."
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Discrimination in the Workplace, 2007.
A discussion on discrimination against homosexuals in the workplace.
1,907 words (approx. 7.6 pages), 6 sources, APA, $ 60.95
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Abstract
The paper examines discrimination in the workplace as it relates to homosexuals. The research indicates that workplace discrimination against homosexuals does occur and that such discrimination can have lasting effects. The paper examines how there is no federal law that prohibits discrimination against homosexuals in the workplace, however many states have laws against such discrimination. The paper includes a survey of questions related to homosexual discrimination in the workplace. The survey indicates that human resource managers are concerned about discrimination based on sexual orientation and believe that companies should have anti-discrimination policies that are inclusive of sexual orientation.
Outline:
Introduction
Defining Discrimination Against Homosexuals In The Workplace
Discrimination Against Homosexuals In The Workplace
Survey
Findings of this Survey
Conclusion
References
From the Paper
"Although the federal government has been slow to act regarding federal law that prohibits discrimination based on sexual orientation, there are several state and local governments that have legislation that prohibits discrimination based on sexual orientation. In fact, at least 12 states and Washington, D.C. have laws that ban discrimination based on sexual orientation (Horvath & Ryan 2003). In addition, there is a executive order that prohibits discrimination on the basis of sexual orientation within the federal government (Sexual Orientation Discrimination in the Workplace)."
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Beauty and Discrimination in Modern Society, 2002.
A discussion on how beauty discrimination is similar to racial or sexual discrimination.
1,400 words (approx. 5.6 pages), 2 sources, $ 53.95
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Abstract
This essay will argue that such discrimination is logically analogous to racial or sexual discrimination. However, this discrimination becomes morally justifiable if we acknowledge that human relations are also generally economic relations.
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