Last Week Tonight with John Oliver (2014–…): Season 7, Episode 21 - Juries - full transcript
John Oliver takes a look at why people of color are routinely excluded from becoming jurors, who their absence impacts, and what we can do to create a fairer system.
HI THERE!
WELCOME TO THE SHOW, STILL
TAKING PLACE IN THIS BLANK VOID
THAT HAS ALL THE DESIGN
AESTHETICS OF HEAVEN WITH ALL
THE DEPRESSING VIBES OF HELL.
IT'S BEEN A BUSY WEEK, FROM
TRUMP ADMITTING TO SABOTAGING
THE U.S. POSTAL SERVICE TO MAKE
MAIL-IN VOTING MORE DIFFICULT TO
HERMAN CAIN SOMEHOW TWEETING
FROM THE DEAD.
BUT THE BIG NEWS WAS
KAMALA HARRIS BEING ANNOUNCED AS
BIDEN'S RUNNING MATE, A DECISION
THAT SENT CONSERVATIVES
SCRAMBLING FOR ATTACK
STRATEGIES, FROM CLAIMING IT'S
AN EXTREME, FAR-LEFT TICKET...
WHICH IT ABSOLUTELY ISN'T... TO
A BASELESS ACCUSATION THAT SHE
MAY NOT MEET THE CITIZENSHIP
REQUIREMENTS TO HOLD THE OFFICE,
DESPITE BEING VERY MUCH BORN IN
THE UNITED STATES.
IT'S A DEPRESSING RESURGENCE OF
BIRTHERISM, SO OF COURSE TRUMP
JUMPED ALL OVER IT.
I HEARD IT TODAY THAT
SHE DOESN'T MEET THE
REQUIREMENTS AND, BY THE WAY,
THE LAWYER THAT WROTE THAT PIECE
IS A VERY HIGHLY QUALIFIED, VERY
TALENTED LAWYER.
I HAVE NO IDEA IF THAT'S RIGHT.
OH, I'LL TELL YOU IF
IT'S RIGHT.
IT FUCKING ISN'T.
IT'S AMAZING HOW SLOW TRUMP IS
TO RESPOND TO MANY THINGS, LIKE,
I DUNNO, PUBLIC HEALTH CRISES,
YET WHEN IT COMES TO AMPLIFYING
RACIST CONSPIRACY THEORIES
SUDDENLY HE'S THE FUCKING FLASH
ON COCAINE.
AND SADLY, IT WASN'T EVEN THE
ONLY CONSPIRACY THEORY THAT
STAINED THIS WEEK, AS TUESDAY
SAW A STUNNING RESULT IN A
CONGRESSIONAL PRIMARY.
BUSINESSWOMAN MARJORIE
TAYLOR GREENE IS NOW THE HEAVY
FAVORITE TO WIN A SEAT
REPRESENTING A DEEPLY
CONSERVATIVE DISTRICT IN
NORTHWEST GEORGIA.
GREENE HAS REPEATEDLY PRAISED
THE QANON THEORY.
Q IS A PATRIOT.
WE KNOW THAT FOR SURE.
BUT WE DO NOT KNOW WHO Q IS.
PEOPLE BELIEVE THAT Q IS SOMEONE
VERY CLOSE TO PRESIDENT TRUMP.
OH, GREAT.
JUST WHEN YOU THOUGHT 2020
COULDN'T GET ANY WORSE, WHAT
WITH THE PANDEMIC AND
MURDER HORNETS, NOW SOMEONE
WHO'S OPENLY ENDORSED A
CONSPIRACY THEORY HAS WON A
CONGRESSIONAL PRIMARY.
AND THAT IS ALARMING.
WHEN YOUR DRUNK AUNT IS FOUR
WINE AND TONICS DEEP, THRASHING
HER PASHMINA AROUND THE
THANKSGIVING TABLE SCREAMING
"JET FUEL CAN'T MELT STEEL
BEAMS," YOU'RE DEFINITELY NOT
THINKING, "I WISH THE FATE OF
THE STIMULUS PACKAGE COULD BE IN
HER HANDS."
AND IF YOU'RE LUCKY ENOUGH
TO NOT KNOW WHAT QANON IS AND
YOU'RE THINKING, "LET ME GOOGLE
THAT"... PLEASE DON'T.
BECAUSE MUCH LIKE "JOE ROGAN NET
WORTH," OR "JOHN OLIVER HENTAI,"
GOOGLING QANON IS GOING TO GET
YOU SOME VERY UPSETTING RESULTS.
THE CONSPIRACY INVOLVES A RANGE
OF BATSHIT THEORIES, BUT VERY
BASICALLY, MANY QANON SUPPORTERS
BELIEVE IN "A GLOBAL CONSPIRACY
INVOLVING A RING OF
SATAN-WORSHIPING,
CHILD-MOLESTING CRIMINALS LED BY
PROMINENT DEMOCRATS" THAT
INCLUDES EVERYONE FROM
HILLARY CLINTON TO TOM HANKS TO
A MEXICAN CEMENT COMPANY.
THEY ALSO BELIEVE INFORMATION
ABOUT IT IS BEING LEAKED VIA
CRYPTIC POSTS ON THE INTERNET BY
SOMEONE WITH VERY HIGH "Q" -LEVEL
SECURITY CLEARANCE, WHICH SOUNDS
JUST AS MADE UP AS IT IS, AND
APPARENTLY, THE MAIN PERSON
WHO'S WORKING TO ROOT OUT
THE SATANIST PEDOPHILES IS
DONALD TRUMP, WHICH IS A LITTLE
WEIRD, BECAUSE...
Y'KNOW.
THE POINT IS, NO MATTER HOW MUCH
THE THEORY EVOLVES, ONE THING'S
ALWAYS THE SAME:
THE BOTTOM LINE ABOUT THIS
CONSPIRACY THEORY IS THAT IT'S A
CONSPIRACY TO PROTECT TRUMP.
SO THINGS THAT, TO THE REST OF
US, MIGHT SEEM LIKE BAD NEWS FOR
TRUMP, LIKE THE MUELLER
INVESTIGATION, THEY LOOK AT AS
ACTUALLY PART OF TRUMP'S GRAND
STRATEGY.
YOU SEE, HE WAS COLLUDING WITH
RU... HE WANTED TO MAKE IT LOOK
LIKE HE WAS COLLUDING WITH
RUSSIA ON PURPOSE SO THAT ROBERT
MUELLER WOULD BE HIRED AND HE
COULD TEAM UP WITH TRUMP,
MUELLER AND TRUMP TEAMING UP
TOGETHER TO INVESTIGATE THE
CLINTONS AND THE REST OF THE
DEEP STATE AND THEIR GLOBAL
PEDOPHILE SEX RING.
SO THAT IS... THAT TAKES
A LOT OF...
THINKING TO GET THAT FAR.
YEAH, IT DOES.
AND MY FAVORITE PART OF
THAT IS WATCHING JUDY WOODRUFF
STRUGGLE TO FIND A WORD TO
DESCRIBE IT THAT SHE CAN SAY ON
PBS.
BECAUSE "THAT TAKES A LOT OF
THINKING" IS BASICALLY PUBLIC
TELEVISION FOR "THAT'S THE
DUMBEST SHIT I'VE EVER HEARD."
NOW, TO GIVE YOU A TASTE OF HOW
INTRICATELY STUPID THIS IS, THIS
FLOW CHART PURPORTS TO EXPLAIN
HOW Q'S THEORIES RELATE TO
EVERYTHING ELSE, CONNECTING Q TO
EVERYTHING FROM HALLIBURTON TO
"JESUIT REVENGE" TO SIMPLY
"WIFI, 1998."
ALTHOUGH I DO THINK WE CAN ALL
AGREE THAT PRINCESS DIANA IS
INDEED THE CONNECTIVE TISSUE
BETWEEN JonBENET RAMSEY AND
LOCKHEED MARTIN.
AND THERE'S SO MUCH MORE, LIKE
THE QANON SLOGAN, "WHERE WE GO
ONE, WE GO ALL," HELPFULLY
ABBREVIATED AS WWG1WGA IN CASE
YOU'RE TRYING TO MAKE A
HORRIBLE, HORRIBLE MISTAKE.
ALSO THERE ARE QANON SONGS, AND
BRACE YOURSELF... EVERYTHING
YOU'RE ABOUT TO SEE IS TOTAL
HORSESHIT.
BARS.
NOT QUITE AS CATCHY AS CARDI B'S
"MY HEAD GAME IS FIRE,
PUNANI DASANI, IT'S GOIN' IN DRY
AND IT'S COMIN' OUT SOGGY," BUT
BOTH "WAP" AND "THE QANON SONG"
LEAVE ME FEELING BOTH STUNNED
AND WONDERING, WHO THE FUCK IS
THAT WHITE LADY AND WHY IS SHE
THERE?
ALSO, TO THE COMMENTER WHO WROTE
ON THE QANON VIDEO, "WOW!
I DON'T CARE FOR HIP-HOP BUT I
LOVE THIS!"
I'VE GOT SOME GOOD NEWS, IF YOU
LIKE THAT VIDEO, YOU STILL DON'T
LIKE HIP-HOP.
AND GREENE BOOSTING QANON SHOULD
BE DISQUALIFYING IN ITSELF...
CONSPIRACY THEORIES CAN BE
INCREDIBLY DANGEROUS.
BUT IT'S ALSO FAR FROM THE ONLY
ODIOUS THING SHE'S EVER SAID.
GREENE ALSO WON DESPITE A
HISTORY OF RACIST AND INCENDIARY
REMARKS AGAINST MUSLIMS.
WE HAVE AN ISLAMIC INVASION
INTO OUR GOVERNMENT OFFICES.
ABOUT DEMOCRATS.
THEY'RE TRYING TO KEEP THE
BLACK PEOPLE IN A MODERN-DAY
FORUM OF SLAVERY.
IT'S A SLAVERY SYSTEM TO KEEP
THEIR VOTE.
ABOUT BLACKS AND CONFEDERATE
STATUES.
IF I WERE BLACK PEOPLE TODAY
AND I WALKED BY ONE OF THOSE
STATUES, I WOULD BE SO PROUD,
BECAUSE I'D SAY, "LOOK HOW FAR I
HAVE COME IN THIS COUNTRY."
OKAY, FIRST OF ALL, IF
YOU WERE "BLACK PEOPLE TODAY"?
SO, NOT JUST ONE BLACK PERSON,
BUT "ALL" BLACK PEOPLE?
ALSO, WHY WOULD ANYONE NEED YOU
TO ENGAGE IN THIS HYPOTHETICAL?
YOU'RE NOT "BLACK PEOPLE"...
THOUGH I WOULDN'T BE SURPRISED
TO FIND OUT YOU TEMPORARILY WERE
ON A HALLOWEEN OR TWO.
NOW, I SHOULD SAY THAT, BEFORE
GREENE'S ELECTION, TOP
REPUBLICANS TRIED TO DISTANCE
THEMSELVES FROM HER, WITH HOUSE
MINORITY LEADER KEVIN McCARTHY'S
SPOKESPERSON CALLING HER REMARKS
"APPALLING."
BUT SINCE HER VICTORY, THAT TONE
HAS SHIFTED.
PRESIDENT DONALD TRUMP WAS
QUICK TO HERALD HER VICTORY,
SAYING IN A TWEET WEDNESDAY
MORNING THAT SHE'S A FUTURE
REPUBLICAN STAR AND A REAL
WINNER.
A COUPLE HOURS LATER, A
McCARTHY SPOKESPERSON SAID, "WE
LOOK FORWARD TO GREENE AND OTHER
REPUBLICANS WINNING IN
NOVEMBER."
OKAY, I GET THAT YOU
SHOULD BE WELCOMING TO YOUR NEW
COLLEAGUES.
BUT MAYBE DON'T BE "THAT"
WELCOMING WHEN THEY'VE BASICALLY
ACCUSED YOUR OTHER CO-WORKERS OF
BEING SATANIC CHILD SEX RING
LEADERS.
SAVE THAT FOR HAPPY HOUR.
THAT'S GOOD GOSSIP.
BUT THIS SHOULD BE WORRYING.
IT'S BAD ENOUGH TO ENCOUNTER
THESE CONSPIRACY THEORIES
ONLINE; IT IS WORSE TO
POTENTIALLY BE ENCOUNTERING THEM
IN THE HALLS OF CONGRESS.
AND I WOULD LOVE TO BE SHOCKED
THAT REPUBLICAN LEADERSHIP IS
EMBRACING AN ONLINE TROLL WITH A
HISTORY OF RACIST COMMENTS, BUT
THE TRUTH IS, THEY'VE BEEN DOING
THAT FOR YEARS.
BECAUSE YOU CAN ONLY SEE GREENE
AS A DISTURBING ANOMALY IF YOU
IGNORE THE BASIC FACT THAT, WHEN
IT COMES TO THE MODERN
REPUBLICAN PARTY, WHERE THEY GO
ONE, THEY GO ALL.
AND NOW,
LARRY KING, MASTER SALESMAN.
AS YOU KNOW, I WOULD RARELY
BECOME ASSOCIATED WITH ANY
PRODUCT, AS I HAVE BUILT A
LIFETIME CAREER AS BEING AN
INDEPENDENT INVESTIGATIVE
NEWS ANCHOR.
I HAVE NEVER IN 60 YEARS ON
THE AIR...
REALLY?
I'VE NEVER PUT MY NAME ON A
PRODUCT UNTIL SLEEP LIKE A KING.
OMEGA XL.
CALL AND GET MILLIONAIRE SUCCESS
HABITS.
WORKS FOR ME, IT WILL WORK FOR
YOU.
TWO OR THREE PAYMENTS.
HERE COMES LARRY.
I JUST SWALLOW THEM WITHOUT
WATER.
EVERYBODY SHOULD BE USING
BREATH GEMS.
MY ROMANTIC LIFE.
LET'S JUST SAY, THE KING IS BACK
BACK.
MOVING ON.
OUR MAIN STORY TONIGHT CONCERNS
JURY DUTY, A SUMMONS FOR WHICH
IS ONE OF THE THINGS YOU LEAST
WANT TO FIND IN THE MAIL, ASIDE
FROM MAYBE A BILL OR A HUMAN
TOE.
PLEASE... A PINKIE?
CALL ME WHEN YOU'RE SERIOUS
ENOUGH TO SEND A MIDDLE PIGGIE.
THEN MAYBE WE'LL TALK BUSINESS.
COMPLAINING ABOUT JURY DUTY HAS
LONG BEEN A BELOVED AMERICAN
PASTIME.
JUST WATCH THIS CALLER TO A
'90s LOCAL TV SHOW DELIGHT THE
HOST WITH HIS WHINING.
THEY PUT US DOWN IN THIS
HOLDING PEN, THEY CALL IT THE
JURY ASSEMBLY ROOM.
YEAH?
THE J-A-R, THE JAR, THEY
STICK YOU IN THIS JAR, WITH,
LIKE, 300 OTHER PEOPLE FOR A
WHOLE WEEK.
OH, MAN.
AND I FIGURE IT'S LIKE BEING
IN JAIL, ONLY JAIL'S A WHOLE LOT
BETTER, BECAUSE JAIL'S A LOT
CLEANER AND HAS MUCH BETTER
LIGHTING.
OH.
AND WE HAVE TO PAY FOR OUR
OWN FOOD, AND WE DON'T GET TO GO
OUTSIDE, WE DON'T GET FREE HBO,
WE DON'T GET TO TALK AS MUCH, WE
DON'T GET HEALTHCARE, AND WE
DON'T GET CONJUGAL VISITS.
YOU DON'T GET ANY OF THAT
STUFF?
WE DON'T GET ANY OF THAT.
NOW, HE'S ACTUALLY
RIGHT.
YOU DON'T GET CONJUGAL VISITS
WHILE WAITING TO BE CALLED AT
JURY DUTY.
ALTHOUGH JUDGING FROM THAT CALL,
"BEING AT JURY DUTY" ISN'T THAT
CALLER'S PRIMARY OBSTACLE IN
THAT DEPARTMENT.
AS FOR NOT GETTING HBO, I DON'T
KNOW WHAT HE'S COMPLAINING
ABOUT THERE.
THEY DON'T EVEN GIVE ME FREE HBO
AND I'M ACTIVELY RUINING IT.
NOW, THAT MAN, GREG, WAS A
REGULAR CALLER TO THAT SHOW.
AND I KNOW THAT BECAUSE WE GOT
CURIOUS ABOUT HIM AFTER WATCHING
THAT CLIP, AND IT TURNS OUT,
HE'S A LOT.
FOR EXAMPLE, GREG HAS A WEBSITE
WHERE YOU CAN FIND CLASSIC
"GREGISMS" LIKE
"ENVIRONMENTALISM IS EVIL," OR
"THE BAPTISTS ARE THE PIN IN THE
HOMO GRENADE."
INCIDENTALLY, "GREGISMS" ISN'T A
EVEN TERM I MADE UP, IT'S AN
ACTUAL SECTION OF HIS WEBSITE.
WE COULD HONESTLY SPEND THE REST
OF THIS SHOW ON GREG, BUT SADLY,
WE HAVE TO MOVE ON.
BECAUSE THE IMPORTANT THING
ABOUT JURY DUTY IS... YOU KNOW
WHAT?
JUST ONE MORE THING ABOUT GREG.
HE'S BEEN TWEETING "IT'S ALMOST
TIME TO HAVE A GREAT #Weekend
EVERYONE!
WHO'S WITH ME?" EVERY FRIDAY FOR
THE LAST VERY MANY FRIDAYS, AND
READ THE ROOM, GREG.
NO ONE HAS GREAT #Weekends
ANYMORE.
WE'RE ALL SITTING AT HOME
WATCHING THE DAYS BLUR TOGETHER
IN A MISERABLE #TimeSoup.
BUT WHILE IT MIGHT SOUND CLICHE,
SERVING ON A JURY REALLY IS AN
ESSENTIAL CIVIC DUTY.
THE RIGHT TO A TRIAL BY AN
IMPARTIAL JURY OF YOUR PEERS IS
ENSHRINED IN THE SIXTH AMENDMENT
OF THE CONSTITUTION.
BUT THE TRUTH IS, WHILE
"YOUR PEERS" ARE SUPPOSED BE
CHOSEN FROM A FAIR CROSS-SECTION
OF SOCIETY, PEOPLE OF COLOR ARE
ROUTINELY EXCLUDED.
ACCORDING TO A STUDY OF
14 FEDERAL DISTRICT COURTS,
UNDERREPRESENTATION OF THE
LATINO AND AFRICAN AMERICAN
POPULATIONS IS "UBIQUITOUS,"
WHICH IS A PROBLEM WITH HUGE
IMPLICATIONS FOR JURIES.
THIS SOCIAL PSYCHOLOGIST STAGED
MOCK CASES WHERE SOME JURIES
WERE ALL WHITE AND OTHERS WERE
RACIALLY DIVERSE AND FOUND THE
DIVERSE ONES OPERATED MORE
FAIRLY AND DELIBERATED MORE
COMPREHENSIVELY.
IN THIS STUDY, THEY... THEY
RAISED MORE FACTS FROM THE
TRIAL, THEY DISCUSS A BROADER
RANGE OF INFORMATION, THEY
DISCUSS THE INFORMATION MORE
ACCURATELY, ACTUALLY, IN
DISCUSSING THE FACTS OF THE
CASE.
THEY'RE MORE WILLING TO HAVE
UNCOMFORTABLE CONVERSATIONS
ABOUT CONTROVERSIAL ISSUES LIKE
THOSE INVOLVING RACE AND RACIAL
PROFILING.
YEAH, IT TURNS OUT
JURIES ARE SORT OF LIKE
PRESIDENTS OF THE SPOKANE,
WASHINGTON, CHAPTER OF THE
NAACP.
WHEN THEY'RE ENTIRELY WHITE,
THINGS TEND TO GO SOUTH FAST.
AND THIS IS REFLECTED IN THE
REAL WORLD.
RESEARCHERS WHO EXAMINED FELONY
TRIALS IN FLORIDA FOUND THAT
JURIES FORMED FROM ALL-WHITE
POOLS CONVICT BLACK DEFENDANTS A
FULL 16 PERCENTAGE POINTS MORE
OFTEN THAN THEY DO WHITE
DEFENDANTS.
BUT THAT GAP IN CONVICTION RATES
IS ENTIRELY ELIMINATED WHEN THE
POOL INCLUDES AT LEAST ONE BLACK
MEMBER.
AND THAT'S ONE OF THOSE FACTS
THAT YOU PROBABLY ASSUMED WAS
TRUE, EVEN THOUGH YOU WISH IT
WASN'T.
LIKE THE FACT THAT DOGS DON'T
REALLY ENJOY MUSIC OR THAT
SEAN PENN'S NEW WIFE IS A YEAR
YOUNGER THAN HIS DAUGHTER.
SO TONIGHT, LET'S TAKE A LOOK AT
WHY JURIES ARE SO OFTEN
UNREPRESENTATIVE AND WHAT WE CAN
DO ABOUT IT.
AND THE WHOLE PROCESS STARTS
WITH WHAT'S CALLED A
"JURY WHEEL"... A POOL OF
POTENTIAL JURORS IN A COMMUNITY.
IT USED TO BE AN ACTUAL WHEEL,
AND FOR MANY YEARS, BLACK PEOPLE
WERE EXPLICITLY EXCLUDED FROM
THEM.
AND EVEN AFTER THE CIVIL RIGHTS
ACT OF 1875 SAID YOU COULDN'T
DISCRIMINATE AGAINST JURORS
BASED ON RACE, MANY OFFICIALS
WOULD STILL FIND WAYS TO REMOVE
THEM, LIKE BY PRINTING THEIR
NAMES ON DIFFERENT COLOR PAPER
SO THEY COULD BE AVOIDED DURING
THE SUPPOSEDLY RANDOM DRAWINGS.
AND WHILE THANKFULLY THAT
DOESN'T HAPPEN ANYMORE, OUR
CURRENT SYSTEM HAS MANY FLAWS
THAT CAN END UP HAVING A SIMILAR
RESULT.
FOR INSTANCE, NOWADAYS,
JURY WHEELS ARE OFTEN
COMPUTERIZED LISTS GATHERED FROM
VOTER REGISTRATION AND DRIVER'S
LICENSE RECORDS.
BUT THERE'S A BIG PROBLEM THERE,
AS THIS PUBLIC DEFENDER IN
NEW ORLEANS EXPLAINS:
NOT EVERYBODY'S REGISTERED TO
VOTE AND NOT EVERYBODY OWNS A
CAR AND, YOU KNOW, HAS A
DRIVER'S LICENSE.
THE PROBLEM IS WHEN WE USE VOTER
REGISTRATION OR DMV RECORDS,
WE'RE... WE'RE PROBABLY
EXCLUDING AROUND 35% OF
NEW ORLEANIANS.
RIGHT.
35% OF PEOPLE ARE EXCLUDED
THERE.
AND BEING REGISTERED TO VOTE AND
OWNING A CAR DOESN'T AFFECT
WHETHER YOU'RE QUALIFIED TO
SERVE ON A JURY.
IT JUST AFFECTS HOW MUCH MONEY
YOU PROBABLY SPEND ON BUMPER
STICKERS.
THINK OF THEM
AS TRAFFIC TWITTER.
THAT'S NOT A COMPLIMENT.
AND THE EXCLUSIONS DON'T STOP
THERE.
MOST STATES BAN PEOPLE WITH
FELONY CONVICTIONS, AND WITH
JUROR PAY BEING INCREDIBLY LOW,
LOWER-INCOME PEOPLE CAN BE
UNABLE TO AFFORD TO TAKE PART,
BOTH OF WHICH DISPROPORTIONATELY
EXCLUDE PEOPLE OF COLOR.
SO INHERENTLY, THE SYSTEM IS
ALREADY BIASED.
AND THAT'S BEFORE YOU EVEN GET
INTO THE MISTAKES JURY SUMMONING
SYSTEMS CAN MAKE... WHICH, TO BE
FAIR, CAN SOMETIMES BE PRETTY
FUN.
I GOT JERRY DUTY.
I SAID, "WHAT'S JERRY DUTY?"
SUMMONED FOR JERRY... JURY
SERVICE.
IF YOU'RE PICKED, THEN YOU GO UP
TO THE JUDGE AND THEN YOU SAY IF
THEY'RE GUILTY OR NOT GUILTY.
YEAH!
JACOB GOT JERRY DUTY.
AND WHILE I CAN'T BELIEVE HE
FOUND CASEY ANTHONY NOT GUILTY,
THAT'S WHAT HE AND HIS JERRY
DECIDED, AND WE JUST NEED TO
LIVE WITH THAT.
BUT SOME ERRORS ARE
SIGNIFICANTLY LESS FUN.
FOR INSTANCE, IN CONNECTICUT, IT
EMERGED THAT THEIR JURY
SELECTION COMPUTER PROGRAM HAD
ACCIDENTALLY READ THE "D" IN
"HARTFORD" TO MEAN "DECEASED."
SO FOR NEARLY THREE YEARS, IT
NEVER SUMMONED ANYONE FROM
HARTFORD... OR, INDEED,
NEW BRITAIN, THE SECOND-LARGEST
CITY IN THAT DISTRICT, BECAUSE
THEIR LIST OF NAMES HAD BEEN
ACCIDENTALLY MISPLACED AND WAS
NEVER ENTERED INTO THE PROGRAM.
AND THE THING IS, THOSE TWO
MISSING CITIES ACCOUNTED FOR
63% OF AFRICAN AMERICANS IN THE
DISTRICT AND 68% OF THE HISPANIC
POPULATION.
WHICH IS HORRIBLE.
BECAUSE IF YOU'RE GOING TO
FORGET A TOWN IN CONNECTICUT,
WHY NOT FORGET DANBURY?
BECAUSE... AND THIS IS TRUE...
FUCK DANBURY!
FROM ITS CHARMING RAILWAY MUSEUM
TO ITS HISTORIC HEARTHSTONE
CASTLE, DANBURY, CONNECTICUT,
CAN EAT MY WHOLE ASS.
I KNOW THREE THINGS ABOUT
"USA TODAY" RANKED IT
THE SECOND-BEST CITY TO LIVE IN
IN 2015, IT WAS ONCE THE CENTER
OF THE AMERICAN HAT INDUSTRY,
AND IF YOU'RE FROM THERE, YOU'VE
GOT A STANDING INVITE TO COME
GET A THRASHING FROM
JOHN OLIVER.
CHILDREN INCLUDED.
FUCK YOU.
NOW, THAT HARTFORD ERROR WAS
MADE BY THE GOVERNMENT'S OWN
SYSTEM.
BUT MANY COURTS ACTUALLY
CONTRACT OUT THEIR JURY
SELECTION TO COMPANIES LIKE
THESE, WHO PROMISE TO RUN THE
PROCESS CHEAPER AND MORE
EFFICIENTLY.
BUT PRIVATE COMPANIES CAN BE
SURPRISINGLY UNRELIABLE.
TAKE WHAT HAPPENED OUTSIDE
TULSA, OKLAHOMA, WHERE A BLACK
MAN WAS TRIED BY AN ALL-WHITE
JURY, DRAWN FROM A POOL OF 200
JURORS WITHOUT A SINGLE BLACK
PERSON IN IT, AFTER THE COMPANY
HANDLING JURY SELECTION
ACCIDENTALLY EXCLUDED ZIP CODES
WHERE 90% OF ITS BLACK RESIDENTS
LIVED.
THEN THERE'S ALLEN COUNTY,
INDIANA, WHERE THIS COMPANY HAD
A SYSTEM THAT WAS PROGRAMMED TO
WORK THROUGH AN ALPHABETICAL
LIST OF TOWNSHIPS AND STOP WHEN
IT REACHED 10,000 NAMES.
UNFORTUNATELY, IT TURNED OUT 75%
OF AFRICAN AMERICANS IN THAT
COUNTY HAPPENED TO LIVE IN
WAYNE TOWNSHIP, TOWARDS THE END
OF THE ALPHABET, MEANING THEY
HAD ROUGHLY HALF THE CHANCE OF
BEING INCLUDED ON A JURY THAN A
TRULY RANDOM SYSTEM WOULD HAVE
PRODUCED.
SO YET AGAIN, ALPHABETIZATION
FAILS US.
IT'S
AN ABC-SUPREMACIST SYSTEM THAT
DISRESPECTS THE BETTER END OF
THE ALPHABET.
BECAUSE THINK ABOUT IT...
Z HAS GOT ALL THE HOTTIES!
ZAYN.
ZOE.
ZENDAYA.
ZAC EFRON.
AND OF COURSE, ZONKEYS...
HALF ZEBRA, HALF DONKEY,
ALL SEX.
NOW, THE EXTENT OF THAT INDIANA
ERROR ONLY EMERGED WHEN A MAN
WHO'D BEEN CONVICTED THERE SUED
OVER THE MAKEUP OF HIS JURY AND
HIS LAWYER POINTED OUT TO THE
STATE SUPREME COURT JUST HOW LAX
THE DESIGN PROCESS HAD BEEN:
IT'S NOT A GLITCH, NOT A
GLITCH OR COMPUTER BUG, IT'S
PROGRAMMING DETERMINATION.
THESE ARE CODES.
THESE ARE DETERMINATIONS THAT
THE PROGRAMMER PUT INTO THE
PROGRAM.
IT DIDN'T... SOME VIRUS COME IN
AND MAKE THE PROGRAM GO BAD.
IT WAS BAD BECAUSE HE MADE THESE
DECISIONS, AND EASILY THEY COULD
HAVE BEEN PROGRAMMED ANOTHER
WAY.
THIS WAS A PART-TIME COLLEGE
STUDENT.
THAT'S TRUE.
THAT COUNTY'S JURY SYSTEM WAS
ORIGINALLY DESIGNED BY A COLLEGE
STUDENT WHOSE PREVIOUS JOB,
INCIDENTALLY, HAD BEEN WORKING
AT A HEAD SHOP.
AND LOOK, THERE ARE PLENTY OF
JOBS THAT PEOPLE WITH HEAD SHOP
EXPERIENCE ARE QUALIFIED TO DO.
FOR INSTANCE, CLEANING BONG
RESIN OFF AN IKEA COUCH CUSHION
OR GOING ON A LATE-NIGHT SNACK
RUN TO 7-11 AND ONLY GETTING 40%
OF WHAT EVERYONE ASKED FOR.
I'M JUST NOT SURE "PROGRAMMING A
COUNTY'S OFFICIAL JURY LIST" IS
ONE OF THOSE JOBS.
AND WHETHER THE ERRORS IN THESE
PROGRAMS WERE DELIBERATE OR JUST
CARELESS, THE RESULT IS THE
SAME.
AND I'D LOVE TO TELL YOU
MISTAKES LIKE THESE ARE RARE.
BUT THE TRUTH IS, NO ONE KNOWS
HOW COMMON THEY ARE.
WE ONLY KNOW ABOUT THE EXAMPLES
THAT I MENTIONED SO FAR BECAUSE
OF LAWSUITS THAT TOOK YEARS.
PRIVATE VENDORS OFTEN WON'T
REVEAL DETAILS ABOUT THEIR
SYSTEMS, CLAIMING ALGORITHMS ARE
A TRADE SECRET.
AND 39 OUT OF 50 STATES PROVIDE
NO PUBLIC ACCESS TO JURY POOL
DATA.
SO YOUR COURT SYSTEM MIGHT HAVE
A MASSIVE PROBLEM, AND UNTIL A
NINE-YEAR-OLD SHOWS UP FOR A
MURDER TRIAL, NO ONE WOULD HAVE
ANY IDEA.
AND ALL THIS IS BEFORE JURORS
EVEN SHOW UP FOR SELECTION, AT
WHICH POINT, THINGS GET EVEN
WORSE, BECAUSE PROSECUTORS TEND
TO EXCLUDE BLACK JURORS,
SOMETIMES OUT OF IMPLICIT BIAS,
BUT SOMETIMES OUT OF BIAS THAT
IS PRETTY FUCKING EXPLICIT.
JUST WATCH THIS PHILADELPHIA
D.A. ADDRESSING A ROOMFUL OF
PROSECUTORS IN A LEAKED 1980s
TRAINING VIDEO, EXPLAINING WHICH
JURORS THEY MIGHT WANT TO AVOID.
ANOTHER FACTOR, I'LL TELL YOU
ANOTHER FACTOR, I'LL TELL
YOU, IF, YOU KNOW, IN SELECTING
BLACKS, AGAIN, YOU DON'T WANT
THE REAL EDUCATED ONES.
AGAIN IT'S... THIS GOES ACROSS
THE BOARD OF ALL RACES.
YOU DON'T WANT SMART PEOPLE.
AND AGAIN... BUT IF YOU... IF
YOU... IF YOU'RE SITTING DOWN
AND YOU'RE GONNA TAKE BLACKS,
YOU WANT OLDER BLACKS.
IN MY EXPERIENCE, BLACK WOMEN,
YOUNG BLACK WOMEN ARE VERY BAD.
THERE'S AN ANTAGONISM.
I GUESS MAYBE BECAUSE THEY'RE
DOWNTRODDEN ON TWO RESPECTS.
THEY GOT TWO MINORITIES...
THEY'RE WOMEN AND THEY'RE BLACKS
AND SO THEY'RE DOWNTRODDEN ON
TWO AREAS AND THEY SOMEHOW WANT
TO TAKE IT OUT ON SOMEBODY, AND
YOU DON'T WANT IT TO BE YOU.
OKAY, FIRST, ANY WHITE
PEOPLE WHO USE THE WORD "BLACK"
AS A NOUN AND NOT AN ADJECTIVE
ARE PRETTY SUSPICIOUS.
THROW IN THAT MUSTACHE AND
SUDDENLY IT FEELS LIKE
A SPIKE LEE PERIOD PIECE.
AND EVEN PUTTING ASIDE THE
BIGOTRY THERE, THE ONLY TIME
IT'S ACCEPTABLE TO SAY "WE DON'T
WANT SMART PEOPLE" IS IN A
TRAINING MANUAL FOR SELLING
LULAROE.
BECAUSE IF YOUR BUSINESS MODEL
IS "SELL 5,000 UGLY LEGGINGS ON
FACEBOOK TO THE PEOPLE WHO HATED
YOU IN HIGH SCHOOL," THEN, YEAH,
YOU'RE GONNA WANT TO WEED OUT
THE SMART PEOPLE.
NOW WE REACHED OUT TO THAT
PROSECUTOR, WHO WAS UPSET,
SAYING, "EVERYONE HAS TRIED TO
SOMEHOW MAKE THIS RACIST," EVEN
THOUGH HE AGREED THAT "THE BEST
JURY IS BIRACIAL."
SOMETHING SLIGHTLY UNDERCUT BY
THE FACT THAT, A, YOU JUST HEARD
HIM SAY "YOUNG BLACK WOMEN ARE
VERY BAD," AND B, A LATER REVIEW
OF FELONY CASES THAT HE'D TRIED
FOUND HE'D REMOVED BLACK JURORS
AT SUCH A HIGH RATE, THE ODDS OF
IT HAPPENING BY CHANCE WERE ONE
IN A QUADRILLION.
AND THAT GUY'S NOT A ONE-OFF.
RECENT STUDIES IN NORTH CAROLINA
AND LOUISIANA FOUND PROSECUTORS
STRIKING BLACK JURORS AT TWICE
AND THREE TIMES THE RATE OF
WHITE JURORS.
AND IF YOU'RE WONDERING HOW THEY
WERE ABLE TO DO THAT, IT'S WORTH
KNOWING, IN A TRIAL, LAWYERS
HAVE TWO WAYS TO REMOVE JURORS.
THE FIRST IS A SO-CALLED
CHALLENGE FOR CAUSE.
THAT'S WHERE THEY CAN SHOW A
JUROR CAN'T BE IMPARTIAL BECAUSE
OF SOME CONNECTION TO THE TRIAL
OR BECAUSE THEY'RE SOMEHOW UNFIT
TO SERVE.
THE SECOND IS A PEREMPTORY
CHALLENGE, WHERE THEY CAN REMOVE
A LIMITED NUMBER OF JURORS WITH
NO EXPLANATION, ALTHOUGH SINCE A
1986 SUPREME COURT RULING, THEY
CAN'T EXCLUDE JURORS PURELY
BASED ON RACE.
IT'S SOMETHING THAT THIS HLN
HOST EXPLAINS IN A BORDERLINE
AGGRESSIVELY LITERAL WAY:
WHAT HAPPENS IS, THE
PROSECUTION AND DEFENSE EACH
HAVE TEN JURORS EACH THAT THEY
CAN REJECT FOR ANY REASON AT ALL
OR FOR NO REASON, UNLESS THEY
BELIEVE THE OTHER SIDE IS
PLAYING THE RACE CARD.
AND THEY CAN THEN CHALLENGE THAT
PEREMPTORY CHALLENGE.
I'VE GOT A LOT OF
QUESTIONS, AND NONE OF THEM ARE
ABOUT PEREMPTORY CHALLENGES.
FIRST, WHY USE THE LOADED TERM
"PLAYING THE RACE CARD" AT ALL?
SECOND, WHY IMPLY IT MEANS
"ACTING IN A RACIST FASHION"
WHEN IT DOESN'T?
BUT MOST IMPORTANTLY, HOW LONG
DID THAT MAN WALK AROUND WITH
THAT "RACE CARD" IN HIS SUIT
POCKET?
WAS IT JUST FOR THE SHOW, OR
DOES HE ALWAYS WALK AROUND WITH
IT ON THE OFF-CHANCE HE HAS TO
EXPLAIN PEREMPTORY CHALLENGES TO
SOMEONE?
IF SO, DOES HE EVER GO TO PAY
FOR SOMETHING, ACCIDENTALLY PULL
OUT HIS RACE CARD, AND THEN SAY,
"OOPS, THAT'S NOT MY WALLET,
THAT'S MY RACE CARD" TO THE
UTTER BEWILDERMENT OF THE
CASHIER?
ALSO, HOW DID HE GET THAT CARD?
DID HE MAKE IT HIMSELF?
'CAUSE THAT'D BE WEIRD, BUT IT
MIGHT ACTUALLY BE WEIRDER IF
HE'D ASKED SOMEONE ELSE TO MAKE
IT FOR HIM.
THAT WOULD MEAN HE'D ASKED A
PRODUCER, "HEY, CAN YOU MAKE ME
A RACE CARD FOR MY SEGMENT ON
JURY SELECTION?"
TO WHICH THEY PROBABLY SAID,
"WHAT DO YOU MEAN?"
AND HE SAID, "YOU KNOW, LIKE A
PHYSICAL CARD THAT SAYS 'RACE
CARD' ON IT."
AND THEN THE PRODUCER SAID,
"WHY?"
AND HE SAID, "BECAUSE I'M TRYING
TO EXPLAIN LAWYERS PLAYING THE
RACE CARD WHEN STRIKING JURORS."
TO WHICH THE PRODUCER SAID,
"BUT CAN'T YOU JUST SAY THE
PHRASE 'PLAYING THE RACE CARD?
OR, Y'KNOW, NOT ACTUALLY SAY IT
AT ALL?'"
AND HE SAID, "ABSOLUTELY NOT."
SO A PRODUCTION ASSISTANT THEN
SPENT 20 MINUTES PRINTING THE
WORDS "RACE CARD" ON A RED CARD.
IS THAT HOW IT CAME TO EXIST?
AND WHAT HAPPENED TO IT AFTER
THE SHOW?
DID HE THROW IT AWAY?
OR DID HE PUT IT ON HIS DESK
JUST IN CASE HE EVER NEEDED IT
AGAIN?
AND IF SO, DID SOMEONE EVER WALK
BY AND SAY, "HEY, WHAT THE FUCK
IS THAT?"
TO WHICH HE REPLIED, "OH, THAT'S
JUST MY RACE CARD" AS IF THAT'S
A NORMAL THING TO SAY OR TO
HAVE?
AND FINALLY, AND I KNOW THIS
ISN'T THE MOST IMPORTANT
THING... WHY DOES IT
SAY RACE "CARD" ON IT?
IT'S ALREADY A CARD.
SHOULDN'T IT JUST SAY "RACE?"
BECAUSE ISN'T THE THING HE'S
HOLDING UP THERE TECHNICALLY A
"RACE CARD" CARD?
AND IF SO, WHAT DOES THE FUCK
DOES "THAT" MEAN?
I HAVE SO MANY QUESTIONS ABOUT
THIS, AND I KNOW WE DON'T HAVE
TIME, BUT I GUESS MY BROADER
POINT IS, THERE ARE TWO WAYS FOR
LAWYERS TO STRIKE JURORS, AND
HLN IS A DEEPLY WEIRD TELEVISION
NETWORK.
BUT WHILE THE SUPREME COURT SAID
YOU CAN'T STRIKE JURORS BASED ON
RACE, IT TURNS OUT, THAT'S AN
EASY RULE TO GET AROUND.
ALL YOU HAVE TO DO IS COME UP
WITH SOME REASON OTHER THAN RACE
TO STRIKE A JUROR AND THEN DO IT
ANYWAY.
REMEMBER THAT LAWYER YOU SAW
EARLIER?
HE WAS SPEAKING AFTER THAT
RULING WAS HANDED DOWN AND WAS
OPENLY INSTRUCTING PROSECUTORS
ON HOW NOT TO GET CAUGHT.
LET'S SAY YOU STRIKE THREE
BLACKS TO START WITH.
FIRST THREE PEOPLE.
AND THEN IT'S LIKE, THE DEFENSE
ATTORNEY MAKES AN OBJECTION
SAYING THAT YOU'RE STRIKING
BLACKS.
WELL, YOU'RE NOT GONNA BE ABLE
TO GO BACK AND SAY, "OH, YEAH."
MAKE SOMETHING UP ABOUT WHY HE
DID IT.
WRITE IT DOWN RIGHT THEN AND
THERE.
SO SOMETIMES UNDER THAT LINE,
YOU MAY WANT TO ASK MORE
QUESTIONS OF THOSE PEOPLE SO IT
GIVES YOU MORE AMMUNITION TO
MAKE AN ARTICULABLE REASON AS TO
WHY YOU'RE STRIKING THEM AND NOT
FOR RACE.
WOW.
IT'S PRETTY BIZARRE TO SEE A
GOVERNMENT OFFICIAL SO
FLAGRANTLY TEACHING PEOPLE HOW
TO DO SOMETHING ILLEGAL.
IT'S LIKE IF "HOW TO GET AWAY
WITH MURDER" WAS AN EDUCATIONAL
SERIES WHERE VIOLA DAVIS
EXPLAINS HOW TO LITERALLY GET
AWAY WITH MURDER.
WHICH SHE'D ABSOLUTELY CRUSH, BY
THE WAY.
I WOULD GLADLY WATCH MULTIPLE
SEASONS OF HER DESCRIBING IN
VIVID DETAIL HOW TO DISMEMBER A
CORPSE AND DISSOLVE THE BODY
PARTS IN ACID.
AND, LOOK, TO THIS DAY,
PROSECUTORS USE A WIDE VARIETY
OF BULLSHIT REASONS TO STRIKE
BLACK JURORS,
SOME OF WHICH ARE JUST FLAT-OUT
RIDICULOUS, LIKE SAYING JURORS
WERE TOO YOUNG, TOO OLD, SINGLE,
DIVORCED, RELIGIOUS OR NOT
RELIGIOUS, LIVED IN A POOR PART
OF TOWN, HAD A HYPHENATED LAST
NAME, DISPLAYED BAD POSTURE, OR
WERE SULLEN, DISRESPECTFUL, OR
TALKATIVE.
IN FACT, JUST LISTEN TO THIS
PUBLIC DEFENDER DESCRIBE A JUROR
STRIKE HE ONCE SAW:
I HAD A JUROR, AN
AFRICAN AMERICAN WOMAN, WHO WAS
ACTUALLY EXCLUDED BECAUSE SHE
WAS WEARING WHAT'S CALLED A
"PUFFY COAT."
YEAH.
SHE WAS EXCLUDED FOR
WEARING A PUFFY COAT.
A JACKET SHOULD NEVER BE AN
ACCEPTABLE REASON TO EXCLUDE
SOMEONE FROM A JURY.
UNLESS IT'S THE ONE THAT
POST MALONE WORE TO
THE AMERICAN MUSIC AWARDS.
HE LOOKS LIKE HE'S SUPPOSED TO
JUMP OUT OF A CAKE AT A
MARIACHI-THEMED GENDER REVEAL
PARTY.
AND IF YOU WANT TO SEE THE
LENGTHS TO WHICH PROSECUTORS ARE
WILLING TO GO, JUST LOOK AT THE
MULTIPLE MURDER TRIALS OF CURTIS
FLOWERS IN MISSISSIPPI.
HIS CASE MADE IT ALL THE WAY TO
THE SUPREME COURT, WHICH DECIDED
THAT HIS PROSECUTOR HAD
REPEATEDLY AND BLATANTLY TRIED
TO WHITEWASH THE JURY.
AND THAT OPINION WAS WRITTEN BY
MAYBE THE LAST JUSTICE YOU'D
EXPECT.
JUSTICE BRETT KAVANAUGH WROTE
THAT A WHITE MISSISSIPPI
PROSECUTOR'S GOAL WAS TO HAVE AN
ALL-WHITE JURY DECIDE THE FATE
OF AN AFRICAN AMERICAN MAN
ACCUSED OF MURDER, WHICH IS
UNCONSTITUTIONAL.
THE COURT'S NEWEST JUSTICE
SAID THAT DISTRICT ATTORNEY
DOUG EVANS WAGED A "RELENTLESS,
DETERMINED EFFORT TO RID THE
JURY OF BLACK INDIVIDUALS."
IT WAS CURTIS FLOWERS' SIXTH
TRIAL FOR THE SAME QUADRUPLE
MURDER.
KAVANAUGH POINTED TO A PATTERN,
NOTING THAT EVANS HAD REMOVED
41 OF THE 42 PROSPECTIVE BLACK
JURORS OVER THE SIX TRIALS.
41 OF 42 JURORS!
YOU KNOW YOU'RE DOING SOMETHING
WRONG WHEN IT'S SO FLAGRANT EVEN
BRETT KAVANAUGH HAS A PROBLEM
WITH IT... A MAN WHO'S DONE
EXACTLY TWO GOOD THINGS IN HIS
THIS DECISION AND MAKING
IT ACCEPTABLE TO SPEND YOUR
ENTIRE JOB INTERVIEW SCREAMING
AND CRYING.
AND IT WASN'T JUST HOW OFTEN
THAT PROSECUTOR STRUCK BLACK
JURORS... IT'S HOW BLATANTLY HE
DID IT.
BECAUSE WHILE, ON AVERAGE, HE
ASKED THE WHITE JURORS WHO WERE
SEATED ONE QUESTION, HE ASKED
THE BLACK JURORS HE STRUCK 29.
AND HOW DO YOU ASK ANYONE THAT
MANY QUESTIONS ABOUT ANYTHING?
THAT'S TOO MANY, EVEN FOR A
FIRST DATE WHO'S DESPERATELY
TRYING TO KEEP THE CONVERSATION
GOING.
"LET'S SEE, I'VE ASKED ABOUT
WHERE YOU GREW UP, WHAT YOU DO
FOR WORK, WHETHER YOU LIKE YOUR
JOB, WHETHER YOU HAVE ANY
SIBLINGS, WHETHER YOUR SIBLINGS
ARE OLDER OR YOUNGER, WHAT YOU
LIKE TO DO FOR FUN, WHAT KIND OF
MUSIC YOU LIKE...
WHAT ELSE IS THERE?
DO YOU LIKE RAKES?"
AND A PROSPECTIVE JUROR IN ONE
OF CURTIS FLOWERS' TRIALS FELT
PRETTY CLEAR ABOUT WHY SHE'D
BEEN STRUCK.
THEY JUST TOLD US THEY DIDN'T
NEED US.
I THINK THEY MIGHT HAVE ASSUMED
THAT BECAUSE I WAS BLACK THAT I
WAS GOING TO AGREE WITH THAT HE
WAS INNOCENT JUST BY THE COLOR
OF HIS SKIN.
BUT I ACTUALLY WOULD HAVE
LISTENED TO THE EVIDENCE AND HAD
AN OPEN EAR.
I ACTUALLY WAS LOOKING FORWARD
TO SERVING.
LOOK, IT IS RIDICULOUS
TO ASSUME THAT A JUROR WILL BE
BIASED JUST BECAUSE THE
DEFENDANT IS THE SAME RACE.
OF COURSE A BLACK PERSON CAN BE
IMPARTIAL WHEN THE DEFENDANT IS
BLACK, IN THE SAME WAY THAT I
COULD BE IMPARTIAL IF THE
DEFENDANT WAS AN OWL.
TO SUGGEST OTHERWISE IS
EXTREMELY INSULTING, NOT JUST TO
MYSELF, BUT TO ALL OWLS.
AND THESE DECISIONS HAVE
CONSEQUENCES.
CURTIS FLOWERS SPENT 20 YEARS ON
DEATH ROW AND IS CURRENTLY OUT
ON BAIL AWAITING A POTENTIAL
SEVENTH TRIAL.
SO TAKEN ALL TOGETHER, IT'S
CLEAR THAT, FROM HOW WE DECIDE
WHO SERVES TO HOW THE LIST IS
ADMINISTERED THROUGH WHO WE LET
LAWYERS SELECT, WE'RE MAKING A
MOCKERY OF THE PHRASE "A JURY OF
YOUR PEERS."
BECAUSE WHO, EXACTLY, IS THE
"YOU" THERE?
THE DEFENDANT'S PEERS?
OR THE PROSECUTOR'S PEERS?
THERE'S A BIG DIFFERENCE.
AND AS WE'VE SEEN, THE IMPACT OF
HAVING PEOPLE IN A JURY ROOM WHO
CAN SPEAK TO WHAT BEING BLACK IN
AMERICA IS LIKE AND HOW THAT
MIGHT AFFECT YOUR RELATIONSHIP
WITH LAW ENFORCEMENT CAN BE
HUGELY BENEFICIAL.
AND YES, THAT MIGHT MAKE A
PROSECUTOR'S JOB A BIT MORE
DIFFICULT, BUT THE ROLE OF A
COURT IS NOT TO MAKE IT FUCKING
EASY BY HAVING CASES HEARD ONLY
BY A GROUP OF WHITE PEOPLE...
OR, TO USE THE PROPER COLLECTIVE
NOUN FOR THAT, "A WHOLE FOODS."
I'M SERIOUS, TRY IT IN A
SENTENCE.
"LOOK AT THAT GAGGLE
OF GEESE FLYING OVER THAT
WHOLE FOODS OF ABIGAILS."
SO HOW DO WE FIX THIS?
WELL, THERE ARE FOUR BASIC STEPS
WE COULD TAKE.
ONE, BROADEN JURY POOL LISTS SO
THEY DON'T EXCLUDE LARGE
SECTIONS OF THE COMMUNITY.
SOME HAVE SUGGESTED USING INCOME
TAX LISTS, FOR INSTANCE.
TWO, MAKE THAT DATA PUBLIC SO WE
CAN SEE IF THERE WERE ERRORS IN
COMPILING POTENTIAL JURORS.
THIRD, INCREASE JUROR PAY SO
THAT PEOPLE WHO MISS WORK DON'T
SUFFER FINANCIAL HARDSHIP.
AND FINALLY, REFORM THE PROCESS
BEHIND PEREMPTORY CHALLENGES TO
MAKE IT MORE PRACTICALLY
DIFFICULT TO STRIKE JURORS BY
RACE.
AND WHILE, YES, THIS IS A LOT OF
WORK, IT'S WORTH IT, BECAUSE AS
WE'VE DISCUSSED BEFORE, EVERY
GEAR IN THE CRIMINAL JUSTICE
SYSTEM IS UNFAIRLY BIASED
AGAINST PEOPLE OF COLOR... FROM
POLICING TO BAIL TO THE SHORTAGE
OF PUBLIC DEFENDERS TO PUNITIVE
SENTENCING TO INCARCERATION TO
RE-ENTRY FROM PRISON.
AND THIS IS YET ANOTHER TO ADD
TO THAT DEPRESSING LIST.
BECAUSE RIGHT NOW, TOO OFTEN,
OUR CURRENT SYSTEM WOULD
SYSTEMATICALLY WEED OUT A
QUALIFIED PERSON WHO ACTUALLY
WANTS TO SERVE AND LEAVE IN
SOMEONE WHO AGGRESSIVELY DOESN'T
BECAUSE HE CAN'T WATCH HBO AND
FUCK IN THE JURY BOX.
AND NOW THIS.
AND NOW, JIM
CRAMER'S FUN TIME QUARANTINE
ACTIVITY MAKES YOU SAD.
WE HAVE SEEN SO MANY ZOOM
ADAPTATIONS ON OUR NETWORK AND I
HAVE HAD TO BE IN ZOOM BRUNCHES,
WHATEVER.
I'M NOT TELLING YOU TO DO YOUR
BANKING ON ZOOM.
I AM TELLING YOU TO DO YOUR
BOOZY BRUNCH.
OUR NOW... MY BOOZY BRUNCH PAID
FOR NEXT SATURDAY'S BOOZY
BRUNCH.
MY ZOOM BRUNCH.
I YOU DO MY BOOZY BRUNCH.
I CANNOT WAIT UNTIL SUNDAY,
BECAUSE SUNDAY IS HER BOOZY
BRUNCH ENABLED BY ZOOM.
I WAS VICIOUSLY OVERSERVED
LAST SUNDAY, EVEN THOUGH I AM
LIVING ALONE.
IT THAT'S OUR SHOW.
WELCOME TO THE SHOW, STILL
TAKING PLACE IN THIS BLANK VOID
THAT HAS ALL THE DESIGN
AESTHETICS OF HEAVEN WITH ALL
THE DEPRESSING VIBES OF HELL.
IT'S BEEN A BUSY WEEK, FROM
TRUMP ADMITTING TO SABOTAGING
THE U.S. POSTAL SERVICE TO MAKE
MAIL-IN VOTING MORE DIFFICULT TO
HERMAN CAIN SOMEHOW TWEETING
FROM THE DEAD.
BUT THE BIG NEWS WAS
KAMALA HARRIS BEING ANNOUNCED AS
BIDEN'S RUNNING MATE, A DECISION
THAT SENT CONSERVATIVES
SCRAMBLING FOR ATTACK
STRATEGIES, FROM CLAIMING IT'S
AN EXTREME, FAR-LEFT TICKET...
WHICH IT ABSOLUTELY ISN'T... TO
A BASELESS ACCUSATION THAT SHE
MAY NOT MEET THE CITIZENSHIP
REQUIREMENTS TO HOLD THE OFFICE,
DESPITE BEING VERY MUCH BORN IN
THE UNITED STATES.
IT'S A DEPRESSING RESURGENCE OF
BIRTHERISM, SO OF COURSE TRUMP
JUMPED ALL OVER IT.
I HEARD IT TODAY THAT
SHE DOESN'T MEET THE
REQUIREMENTS AND, BY THE WAY,
THE LAWYER THAT WROTE THAT PIECE
IS A VERY HIGHLY QUALIFIED, VERY
TALENTED LAWYER.
I HAVE NO IDEA IF THAT'S RIGHT.
OH, I'LL TELL YOU IF
IT'S RIGHT.
IT FUCKING ISN'T.
IT'S AMAZING HOW SLOW TRUMP IS
TO RESPOND TO MANY THINGS, LIKE,
I DUNNO, PUBLIC HEALTH CRISES,
YET WHEN IT COMES TO AMPLIFYING
RACIST CONSPIRACY THEORIES
SUDDENLY HE'S THE FUCKING FLASH
ON COCAINE.
AND SADLY, IT WASN'T EVEN THE
ONLY CONSPIRACY THEORY THAT
STAINED THIS WEEK, AS TUESDAY
SAW A STUNNING RESULT IN A
CONGRESSIONAL PRIMARY.
BUSINESSWOMAN MARJORIE
TAYLOR GREENE IS NOW THE HEAVY
FAVORITE TO WIN A SEAT
REPRESENTING A DEEPLY
CONSERVATIVE DISTRICT IN
NORTHWEST GEORGIA.
GREENE HAS REPEATEDLY PRAISED
THE QANON THEORY.
Q IS A PATRIOT.
WE KNOW THAT FOR SURE.
BUT WE DO NOT KNOW WHO Q IS.
PEOPLE BELIEVE THAT Q IS SOMEONE
VERY CLOSE TO PRESIDENT TRUMP.
OH, GREAT.
JUST WHEN YOU THOUGHT 2020
COULDN'T GET ANY WORSE, WHAT
WITH THE PANDEMIC AND
MURDER HORNETS, NOW SOMEONE
WHO'S OPENLY ENDORSED A
CONSPIRACY THEORY HAS WON A
CONGRESSIONAL PRIMARY.
AND THAT IS ALARMING.
WHEN YOUR DRUNK AUNT IS FOUR
WINE AND TONICS DEEP, THRASHING
HER PASHMINA AROUND THE
THANKSGIVING TABLE SCREAMING
"JET FUEL CAN'T MELT STEEL
BEAMS," YOU'RE DEFINITELY NOT
THINKING, "I WISH THE FATE OF
THE STIMULUS PACKAGE COULD BE IN
HER HANDS."
AND IF YOU'RE LUCKY ENOUGH
TO NOT KNOW WHAT QANON IS AND
YOU'RE THINKING, "LET ME GOOGLE
THAT"... PLEASE DON'T.
BECAUSE MUCH LIKE "JOE ROGAN NET
WORTH," OR "JOHN OLIVER HENTAI,"
GOOGLING QANON IS GOING TO GET
YOU SOME VERY UPSETTING RESULTS.
THE CONSPIRACY INVOLVES A RANGE
OF BATSHIT THEORIES, BUT VERY
BASICALLY, MANY QANON SUPPORTERS
BELIEVE IN "A GLOBAL CONSPIRACY
INVOLVING A RING OF
SATAN-WORSHIPING,
CHILD-MOLESTING CRIMINALS LED BY
PROMINENT DEMOCRATS" THAT
INCLUDES EVERYONE FROM
HILLARY CLINTON TO TOM HANKS TO
A MEXICAN CEMENT COMPANY.
THEY ALSO BELIEVE INFORMATION
ABOUT IT IS BEING LEAKED VIA
CRYPTIC POSTS ON THE INTERNET BY
SOMEONE WITH VERY HIGH "Q" -LEVEL
SECURITY CLEARANCE, WHICH SOUNDS
JUST AS MADE UP AS IT IS, AND
APPARENTLY, THE MAIN PERSON
WHO'S WORKING TO ROOT OUT
THE SATANIST PEDOPHILES IS
DONALD TRUMP, WHICH IS A LITTLE
WEIRD, BECAUSE...
Y'KNOW.
THE POINT IS, NO MATTER HOW MUCH
THE THEORY EVOLVES, ONE THING'S
ALWAYS THE SAME:
THE BOTTOM LINE ABOUT THIS
CONSPIRACY THEORY IS THAT IT'S A
CONSPIRACY TO PROTECT TRUMP.
SO THINGS THAT, TO THE REST OF
US, MIGHT SEEM LIKE BAD NEWS FOR
TRUMP, LIKE THE MUELLER
INVESTIGATION, THEY LOOK AT AS
ACTUALLY PART OF TRUMP'S GRAND
STRATEGY.
YOU SEE, HE WAS COLLUDING WITH
RU... HE WANTED TO MAKE IT LOOK
LIKE HE WAS COLLUDING WITH
RUSSIA ON PURPOSE SO THAT ROBERT
MUELLER WOULD BE HIRED AND HE
COULD TEAM UP WITH TRUMP,
MUELLER AND TRUMP TEAMING UP
TOGETHER TO INVESTIGATE THE
CLINTONS AND THE REST OF THE
DEEP STATE AND THEIR GLOBAL
PEDOPHILE SEX RING.
SO THAT IS... THAT TAKES
A LOT OF...
THINKING TO GET THAT FAR.
YEAH, IT DOES.
AND MY FAVORITE PART OF
THAT IS WATCHING JUDY WOODRUFF
STRUGGLE TO FIND A WORD TO
DESCRIBE IT THAT SHE CAN SAY ON
PBS.
BECAUSE "THAT TAKES A LOT OF
THINKING" IS BASICALLY PUBLIC
TELEVISION FOR "THAT'S THE
DUMBEST SHIT I'VE EVER HEARD."
NOW, TO GIVE YOU A TASTE OF HOW
INTRICATELY STUPID THIS IS, THIS
FLOW CHART PURPORTS TO EXPLAIN
HOW Q'S THEORIES RELATE TO
EVERYTHING ELSE, CONNECTING Q TO
EVERYTHING FROM HALLIBURTON TO
"JESUIT REVENGE" TO SIMPLY
"WIFI, 1998."
ALTHOUGH I DO THINK WE CAN ALL
AGREE THAT PRINCESS DIANA IS
INDEED THE CONNECTIVE TISSUE
BETWEEN JonBENET RAMSEY AND
LOCKHEED MARTIN.
AND THERE'S SO MUCH MORE, LIKE
THE QANON SLOGAN, "WHERE WE GO
ONE, WE GO ALL," HELPFULLY
ABBREVIATED AS WWG1WGA IN CASE
YOU'RE TRYING TO MAKE A
HORRIBLE, HORRIBLE MISTAKE.
ALSO THERE ARE QANON SONGS, AND
BRACE YOURSELF... EVERYTHING
YOU'RE ABOUT TO SEE IS TOTAL
HORSESHIT.
BARS.
NOT QUITE AS CATCHY AS CARDI B'S
"MY HEAD GAME IS FIRE,
PUNANI DASANI, IT'S GOIN' IN DRY
AND IT'S COMIN' OUT SOGGY," BUT
BOTH "WAP" AND "THE QANON SONG"
LEAVE ME FEELING BOTH STUNNED
AND WONDERING, WHO THE FUCK IS
THAT WHITE LADY AND WHY IS SHE
THERE?
ALSO, TO THE COMMENTER WHO WROTE
ON THE QANON VIDEO, "WOW!
I DON'T CARE FOR HIP-HOP BUT I
LOVE THIS!"
I'VE GOT SOME GOOD NEWS, IF YOU
LIKE THAT VIDEO, YOU STILL DON'T
LIKE HIP-HOP.
AND GREENE BOOSTING QANON SHOULD
BE DISQUALIFYING IN ITSELF...
CONSPIRACY THEORIES CAN BE
INCREDIBLY DANGEROUS.
BUT IT'S ALSO FAR FROM THE ONLY
ODIOUS THING SHE'S EVER SAID.
GREENE ALSO WON DESPITE A
HISTORY OF RACIST AND INCENDIARY
REMARKS AGAINST MUSLIMS.
WE HAVE AN ISLAMIC INVASION
INTO OUR GOVERNMENT OFFICES.
ABOUT DEMOCRATS.
THEY'RE TRYING TO KEEP THE
BLACK PEOPLE IN A MODERN-DAY
FORUM OF SLAVERY.
IT'S A SLAVERY SYSTEM TO KEEP
THEIR VOTE.
ABOUT BLACKS AND CONFEDERATE
STATUES.
IF I WERE BLACK PEOPLE TODAY
AND I WALKED BY ONE OF THOSE
STATUES, I WOULD BE SO PROUD,
BECAUSE I'D SAY, "LOOK HOW FAR I
HAVE COME IN THIS COUNTRY."
OKAY, FIRST OF ALL, IF
YOU WERE "BLACK PEOPLE TODAY"?
SO, NOT JUST ONE BLACK PERSON,
BUT "ALL" BLACK PEOPLE?
ALSO, WHY WOULD ANYONE NEED YOU
TO ENGAGE IN THIS HYPOTHETICAL?
YOU'RE NOT "BLACK PEOPLE"...
THOUGH I WOULDN'T BE SURPRISED
TO FIND OUT YOU TEMPORARILY WERE
ON A HALLOWEEN OR TWO.
NOW, I SHOULD SAY THAT, BEFORE
GREENE'S ELECTION, TOP
REPUBLICANS TRIED TO DISTANCE
THEMSELVES FROM HER, WITH HOUSE
MINORITY LEADER KEVIN McCARTHY'S
SPOKESPERSON CALLING HER REMARKS
"APPALLING."
BUT SINCE HER VICTORY, THAT TONE
HAS SHIFTED.
PRESIDENT DONALD TRUMP WAS
QUICK TO HERALD HER VICTORY,
SAYING IN A TWEET WEDNESDAY
MORNING THAT SHE'S A FUTURE
REPUBLICAN STAR AND A REAL
WINNER.
A COUPLE HOURS LATER, A
McCARTHY SPOKESPERSON SAID, "WE
LOOK FORWARD TO GREENE AND OTHER
REPUBLICANS WINNING IN
NOVEMBER."
OKAY, I GET THAT YOU
SHOULD BE WELCOMING TO YOUR NEW
COLLEAGUES.
BUT MAYBE DON'T BE "THAT"
WELCOMING WHEN THEY'VE BASICALLY
ACCUSED YOUR OTHER CO-WORKERS OF
BEING SATANIC CHILD SEX RING
LEADERS.
SAVE THAT FOR HAPPY HOUR.
THAT'S GOOD GOSSIP.
BUT THIS SHOULD BE WORRYING.
IT'S BAD ENOUGH TO ENCOUNTER
THESE CONSPIRACY THEORIES
ONLINE; IT IS WORSE TO
POTENTIALLY BE ENCOUNTERING THEM
IN THE HALLS OF CONGRESS.
AND I WOULD LOVE TO BE SHOCKED
THAT REPUBLICAN LEADERSHIP IS
EMBRACING AN ONLINE TROLL WITH A
HISTORY OF RACIST COMMENTS, BUT
THE TRUTH IS, THEY'VE BEEN DOING
THAT FOR YEARS.
BECAUSE YOU CAN ONLY SEE GREENE
AS A DISTURBING ANOMALY IF YOU
IGNORE THE BASIC FACT THAT, WHEN
IT COMES TO THE MODERN
REPUBLICAN PARTY, WHERE THEY GO
ONE, THEY GO ALL.
AND NOW,
LARRY KING, MASTER SALESMAN.
AS YOU KNOW, I WOULD RARELY
BECOME ASSOCIATED WITH ANY
PRODUCT, AS I HAVE BUILT A
LIFETIME CAREER AS BEING AN
INDEPENDENT INVESTIGATIVE
NEWS ANCHOR.
I HAVE NEVER IN 60 YEARS ON
THE AIR...
REALLY?
I'VE NEVER PUT MY NAME ON A
PRODUCT UNTIL SLEEP LIKE A KING.
OMEGA XL.
CALL AND GET MILLIONAIRE SUCCESS
HABITS.
WORKS FOR ME, IT WILL WORK FOR
YOU.
TWO OR THREE PAYMENTS.
HERE COMES LARRY.
I JUST SWALLOW THEM WITHOUT
WATER.
EVERYBODY SHOULD BE USING
BREATH GEMS.
MY ROMANTIC LIFE.
LET'S JUST SAY, THE KING IS BACK
BACK.
MOVING ON.
OUR MAIN STORY TONIGHT CONCERNS
JURY DUTY, A SUMMONS FOR WHICH
IS ONE OF THE THINGS YOU LEAST
WANT TO FIND IN THE MAIL, ASIDE
FROM MAYBE A BILL OR A HUMAN
TOE.
PLEASE... A PINKIE?
CALL ME WHEN YOU'RE SERIOUS
ENOUGH TO SEND A MIDDLE PIGGIE.
THEN MAYBE WE'LL TALK BUSINESS.
COMPLAINING ABOUT JURY DUTY HAS
LONG BEEN A BELOVED AMERICAN
PASTIME.
JUST WATCH THIS CALLER TO A
'90s LOCAL TV SHOW DELIGHT THE
HOST WITH HIS WHINING.
THEY PUT US DOWN IN THIS
HOLDING PEN, THEY CALL IT THE
JURY ASSEMBLY ROOM.
YEAH?
THE J-A-R, THE JAR, THEY
STICK YOU IN THIS JAR, WITH,
LIKE, 300 OTHER PEOPLE FOR A
WHOLE WEEK.
OH, MAN.
AND I FIGURE IT'S LIKE BEING
IN JAIL, ONLY JAIL'S A WHOLE LOT
BETTER, BECAUSE JAIL'S A LOT
CLEANER AND HAS MUCH BETTER
LIGHTING.
OH.
AND WE HAVE TO PAY FOR OUR
OWN FOOD, AND WE DON'T GET TO GO
OUTSIDE, WE DON'T GET FREE HBO,
WE DON'T GET TO TALK AS MUCH, WE
DON'T GET HEALTHCARE, AND WE
DON'T GET CONJUGAL VISITS.
YOU DON'T GET ANY OF THAT
STUFF?
WE DON'T GET ANY OF THAT.
NOW, HE'S ACTUALLY
RIGHT.
YOU DON'T GET CONJUGAL VISITS
WHILE WAITING TO BE CALLED AT
JURY DUTY.
ALTHOUGH JUDGING FROM THAT CALL,
"BEING AT JURY DUTY" ISN'T THAT
CALLER'S PRIMARY OBSTACLE IN
THAT DEPARTMENT.
AS FOR NOT GETTING HBO, I DON'T
KNOW WHAT HE'S COMPLAINING
ABOUT THERE.
THEY DON'T EVEN GIVE ME FREE HBO
AND I'M ACTIVELY RUINING IT.
NOW, THAT MAN, GREG, WAS A
REGULAR CALLER TO THAT SHOW.
AND I KNOW THAT BECAUSE WE GOT
CURIOUS ABOUT HIM AFTER WATCHING
THAT CLIP, AND IT TURNS OUT,
HE'S A LOT.
FOR EXAMPLE, GREG HAS A WEBSITE
WHERE YOU CAN FIND CLASSIC
"GREGISMS" LIKE
"ENVIRONMENTALISM IS EVIL," OR
"THE BAPTISTS ARE THE PIN IN THE
HOMO GRENADE."
INCIDENTALLY, "GREGISMS" ISN'T A
EVEN TERM I MADE UP, IT'S AN
ACTUAL SECTION OF HIS WEBSITE.
WE COULD HONESTLY SPEND THE REST
OF THIS SHOW ON GREG, BUT SADLY,
WE HAVE TO MOVE ON.
BECAUSE THE IMPORTANT THING
ABOUT JURY DUTY IS... YOU KNOW
WHAT?
JUST ONE MORE THING ABOUT GREG.
HE'S BEEN TWEETING "IT'S ALMOST
TIME TO HAVE A GREAT #Weekend
EVERYONE!
WHO'S WITH ME?" EVERY FRIDAY FOR
THE LAST VERY MANY FRIDAYS, AND
READ THE ROOM, GREG.
NO ONE HAS GREAT #Weekends
ANYMORE.
WE'RE ALL SITTING AT HOME
WATCHING THE DAYS BLUR TOGETHER
IN A MISERABLE #TimeSoup.
BUT WHILE IT MIGHT SOUND CLICHE,
SERVING ON A JURY REALLY IS AN
ESSENTIAL CIVIC DUTY.
THE RIGHT TO A TRIAL BY AN
IMPARTIAL JURY OF YOUR PEERS IS
ENSHRINED IN THE SIXTH AMENDMENT
OF THE CONSTITUTION.
BUT THE TRUTH IS, WHILE
"YOUR PEERS" ARE SUPPOSED BE
CHOSEN FROM A FAIR CROSS-SECTION
OF SOCIETY, PEOPLE OF COLOR ARE
ROUTINELY EXCLUDED.
ACCORDING TO A STUDY OF
14 FEDERAL DISTRICT COURTS,
UNDERREPRESENTATION OF THE
LATINO AND AFRICAN AMERICAN
POPULATIONS IS "UBIQUITOUS,"
WHICH IS A PROBLEM WITH HUGE
IMPLICATIONS FOR JURIES.
THIS SOCIAL PSYCHOLOGIST STAGED
MOCK CASES WHERE SOME JURIES
WERE ALL WHITE AND OTHERS WERE
RACIALLY DIVERSE AND FOUND THE
DIVERSE ONES OPERATED MORE
FAIRLY AND DELIBERATED MORE
COMPREHENSIVELY.
IN THIS STUDY, THEY... THEY
RAISED MORE FACTS FROM THE
TRIAL, THEY DISCUSS A BROADER
RANGE OF INFORMATION, THEY
DISCUSS THE INFORMATION MORE
ACCURATELY, ACTUALLY, IN
DISCUSSING THE FACTS OF THE
CASE.
THEY'RE MORE WILLING TO HAVE
UNCOMFORTABLE CONVERSATIONS
ABOUT CONTROVERSIAL ISSUES LIKE
THOSE INVOLVING RACE AND RACIAL
PROFILING.
YEAH, IT TURNS OUT
JURIES ARE SORT OF LIKE
PRESIDENTS OF THE SPOKANE,
WASHINGTON, CHAPTER OF THE
NAACP.
WHEN THEY'RE ENTIRELY WHITE,
THINGS TEND TO GO SOUTH FAST.
AND THIS IS REFLECTED IN THE
REAL WORLD.
RESEARCHERS WHO EXAMINED FELONY
TRIALS IN FLORIDA FOUND THAT
JURIES FORMED FROM ALL-WHITE
POOLS CONVICT BLACK DEFENDANTS A
FULL 16 PERCENTAGE POINTS MORE
OFTEN THAN THEY DO WHITE
DEFENDANTS.
BUT THAT GAP IN CONVICTION RATES
IS ENTIRELY ELIMINATED WHEN THE
POOL INCLUDES AT LEAST ONE BLACK
MEMBER.
AND THAT'S ONE OF THOSE FACTS
THAT YOU PROBABLY ASSUMED WAS
TRUE, EVEN THOUGH YOU WISH IT
WASN'T.
LIKE THE FACT THAT DOGS DON'T
REALLY ENJOY MUSIC OR THAT
SEAN PENN'S NEW WIFE IS A YEAR
YOUNGER THAN HIS DAUGHTER.
SO TONIGHT, LET'S TAKE A LOOK AT
WHY JURIES ARE SO OFTEN
UNREPRESENTATIVE AND WHAT WE CAN
DO ABOUT IT.
AND THE WHOLE PROCESS STARTS
WITH WHAT'S CALLED A
"JURY WHEEL"... A POOL OF
POTENTIAL JURORS IN A COMMUNITY.
IT USED TO BE AN ACTUAL WHEEL,
AND FOR MANY YEARS, BLACK PEOPLE
WERE EXPLICITLY EXCLUDED FROM
THEM.
AND EVEN AFTER THE CIVIL RIGHTS
ACT OF 1875 SAID YOU COULDN'T
DISCRIMINATE AGAINST JURORS
BASED ON RACE, MANY OFFICIALS
WOULD STILL FIND WAYS TO REMOVE
THEM, LIKE BY PRINTING THEIR
NAMES ON DIFFERENT COLOR PAPER
SO THEY COULD BE AVOIDED DURING
THE SUPPOSEDLY RANDOM DRAWINGS.
AND WHILE THANKFULLY THAT
DOESN'T HAPPEN ANYMORE, OUR
CURRENT SYSTEM HAS MANY FLAWS
THAT CAN END UP HAVING A SIMILAR
RESULT.
FOR INSTANCE, NOWADAYS,
JURY WHEELS ARE OFTEN
COMPUTERIZED LISTS GATHERED FROM
VOTER REGISTRATION AND DRIVER'S
LICENSE RECORDS.
BUT THERE'S A BIG PROBLEM THERE,
AS THIS PUBLIC DEFENDER IN
NEW ORLEANS EXPLAINS:
NOT EVERYBODY'S REGISTERED TO
VOTE AND NOT EVERYBODY OWNS A
CAR AND, YOU KNOW, HAS A
DRIVER'S LICENSE.
THE PROBLEM IS WHEN WE USE VOTER
REGISTRATION OR DMV RECORDS,
WE'RE... WE'RE PROBABLY
EXCLUDING AROUND 35% OF
NEW ORLEANIANS.
RIGHT.
35% OF PEOPLE ARE EXCLUDED
THERE.
AND BEING REGISTERED TO VOTE AND
OWNING A CAR DOESN'T AFFECT
WHETHER YOU'RE QUALIFIED TO
SERVE ON A JURY.
IT JUST AFFECTS HOW MUCH MONEY
YOU PROBABLY SPEND ON BUMPER
STICKERS.
THINK OF THEM
AS TRAFFIC TWITTER.
THAT'S NOT A COMPLIMENT.
AND THE EXCLUSIONS DON'T STOP
THERE.
MOST STATES BAN PEOPLE WITH
FELONY CONVICTIONS, AND WITH
JUROR PAY BEING INCREDIBLY LOW,
LOWER-INCOME PEOPLE CAN BE
UNABLE TO AFFORD TO TAKE PART,
BOTH OF WHICH DISPROPORTIONATELY
EXCLUDE PEOPLE OF COLOR.
SO INHERENTLY, THE SYSTEM IS
ALREADY BIASED.
AND THAT'S BEFORE YOU EVEN GET
INTO THE MISTAKES JURY SUMMONING
SYSTEMS CAN MAKE... WHICH, TO BE
FAIR, CAN SOMETIMES BE PRETTY
FUN.
I GOT JERRY DUTY.
I SAID, "WHAT'S JERRY DUTY?"
SUMMONED FOR JERRY... JURY
SERVICE.
IF YOU'RE PICKED, THEN YOU GO UP
TO THE JUDGE AND THEN YOU SAY IF
THEY'RE GUILTY OR NOT GUILTY.
YEAH!
JACOB GOT JERRY DUTY.
AND WHILE I CAN'T BELIEVE HE
FOUND CASEY ANTHONY NOT GUILTY,
THAT'S WHAT HE AND HIS JERRY
DECIDED, AND WE JUST NEED TO
LIVE WITH THAT.
BUT SOME ERRORS ARE
SIGNIFICANTLY LESS FUN.
FOR INSTANCE, IN CONNECTICUT, IT
EMERGED THAT THEIR JURY
SELECTION COMPUTER PROGRAM HAD
ACCIDENTALLY READ THE "D" IN
"HARTFORD" TO MEAN "DECEASED."
SO FOR NEARLY THREE YEARS, IT
NEVER SUMMONED ANYONE FROM
HARTFORD... OR, INDEED,
NEW BRITAIN, THE SECOND-LARGEST
CITY IN THAT DISTRICT, BECAUSE
THEIR LIST OF NAMES HAD BEEN
ACCIDENTALLY MISPLACED AND WAS
NEVER ENTERED INTO THE PROGRAM.
AND THE THING IS, THOSE TWO
MISSING CITIES ACCOUNTED FOR
63% OF AFRICAN AMERICANS IN THE
DISTRICT AND 68% OF THE HISPANIC
POPULATION.
WHICH IS HORRIBLE.
BECAUSE IF YOU'RE GOING TO
FORGET A TOWN IN CONNECTICUT,
WHY NOT FORGET DANBURY?
BECAUSE... AND THIS IS TRUE...
FUCK DANBURY!
FROM ITS CHARMING RAILWAY MUSEUM
TO ITS HISTORIC HEARTHSTONE
CASTLE, DANBURY, CONNECTICUT,
CAN EAT MY WHOLE ASS.
I KNOW THREE THINGS ABOUT
"USA TODAY" RANKED IT
THE SECOND-BEST CITY TO LIVE IN
IN 2015, IT WAS ONCE THE CENTER
OF THE AMERICAN HAT INDUSTRY,
AND IF YOU'RE FROM THERE, YOU'VE
GOT A STANDING INVITE TO COME
GET A THRASHING FROM
JOHN OLIVER.
CHILDREN INCLUDED.
FUCK YOU.
NOW, THAT HARTFORD ERROR WAS
MADE BY THE GOVERNMENT'S OWN
SYSTEM.
BUT MANY COURTS ACTUALLY
CONTRACT OUT THEIR JURY
SELECTION TO COMPANIES LIKE
THESE, WHO PROMISE TO RUN THE
PROCESS CHEAPER AND MORE
EFFICIENTLY.
BUT PRIVATE COMPANIES CAN BE
SURPRISINGLY UNRELIABLE.
TAKE WHAT HAPPENED OUTSIDE
TULSA, OKLAHOMA, WHERE A BLACK
MAN WAS TRIED BY AN ALL-WHITE
JURY, DRAWN FROM A POOL OF 200
JURORS WITHOUT A SINGLE BLACK
PERSON IN IT, AFTER THE COMPANY
HANDLING JURY SELECTION
ACCIDENTALLY EXCLUDED ZIP CODES
WHERE 90% OF ITS BLACK RESIDENTS
LIVED.
THEN THERE'S ALLEN COUNTY,
INDIANA, WHERE THIS COMPANY HAD
A SYSTEM THAT WAS PROGRAMMED TO
WORK THROUGH AN ALPHABETICAL
LIST OF TOWNSHIPS AND STOP WHEN
IT REACHED 10,000 NAMES.
UNFORTUNATELY, IT TURNED OUT 75%
OF AFRICAN AMERICANS IN THAT
COUNTY HAPPENED TO LIVE IN
WAYNE TOWNSHIP, TOWARDS THE END
OF THE ALPHABET, MEANING THEY
HAD ROUGHLY HALF THE CHANCE OF
BEING INCLUDED ON A JURY THAN A
TRULY RANDOM SYSTEM WOULD HAVE
PRODUCED.
SO YET AGAIN, ALPHABETIZATION
FAILS US.
IT'S
AN ABC-SUPREMACIST SYSTEM THAT
DISRESPECTS THE BETTER END OF
THE ALPHABET.
BECAUSE THINK ABOUT IT...
Z HAS GOT ALL THE HOTTIES!
ZAYN.
ZOE.
ZENDAYA.
ZAC EFRON.
AND OF COURSE, ZONKEYS...
HALF ZEBRA, HALF DONKEY,
ALL SEX.
NOW, THE EXTENT OF THAT INDIANA
ERROR ONLY EMERGED WHEN A MAN
WHO'D BEEN CONVICTED THERE SUED
OVER THE MAKEUP OF HIS JURY AND
HIS LAWYER POINTED OUT TO THE
STATE SUPREME COURT JUST HOW LAX
THE DESIGN PROCESS HAD BEEN:
IT'S NOT A GLITCH, NOT A
GLITCH OR COMPUTER BUG, IT'S
PROGRAMMING DETERMINATION.
THESE ARE CODES.
THESE ARE DETERMINATIONS THAT
THE PROGRAMMER PUT INTO THE
PROGRAM.
IT DIDN'T... SOME VIRUS COME IN
AND MAKE THE PROGRAM GO BAD.
IT WAS BAD BECAUSE HE MADE THESE
DECISIONS, AND EASILY THEY COULD
HAVE BEEN PROGRAMMED ANOTHER
WAY.
THIS WAS A PART-TIME COLLEGE
STUDENT.
THAT'S TRUE.
THAT COUNTY'S JURY SYSTEM WAS
ORIGINALLY DESIGNED BY A COLLEGE
STUDENT WHOSE PREVIOUS JOB,
INCIDENTALLY, HAD BEEN WORKING
AT A HEAD SHOP.
AND LOOK, THERE ARE PLENTY OF
JOBS THAT PEOPLE WITH HEAD SHOP
EXPERIENCE ARE QUALIFIED TO DO.
FOR INSTANCE, CLEANING BONG
RESIN OFF AN IKEA COUCH CUSHION
OR GOING ON A LATE-NIGHT SNACK
RUN TO 7-11 AND ONLY GETTING 40%
OF WHAT EVERYONE ASKED FOR.
I'M JUST NOT SURE "PROGRAMMING A
COUNTY'S OFFICIAL JURY LIST" IS
ONE OF THOSE JOBS.
AND WHETHER THE ERRORS IN THESE
PROGRAMS WERE DELIBERATE OR JUST
CARELESS, THE RESULT IS THE
SAME.
AND I'D LOVE TO TELL YOU
MISTAKES LIKE THESE ARE RARE.
BUT THE TRUTH IS, NO ONE KNOWS
HOW COMMON THEY ARE.
WE ONLY KNOW ABOUT THE EXAMPLES
THAT I MENTIONED SO FAR BECAUSE
OF LAWSUITS THAT TOOK YEARS.
PRIVATE VENDORS OFTEN WON'T
REVEAL DETAILS ABOUT THEIR
SYSTEMS, CLAIMING ALGORITHMS ARE
A TRADE SECRET.
AND 39 OUT OF 50 STATES PROVIDE
NO PUBLIC ACCESS TO JURY POOL
DATA.
SO YOUR COURT SYSTEM MIGHT HAVE
A MASSIVE PROBLEM, AND UNTIL A
NINE-YEAR-OLD SHOWS UP FOR A
MURDER TRIAL, NO ONE WOULD HAVE
ANY IDEA.
AND ALL THIS IS BEFORE JURORS
EVEN SHOW UP FOR SELECTION, AT
WHICH POINT, THINGS GET EVEN
WORSE, BECAUSE PROSECUTORS TEND
TO EXCLUDE BLACK JURORS,
SOMETIMES OUT OF IMPLICIT BIAS,
BUT SOMETIMES OUT OF BIAS THAT
IS PRETTY FUCKING EXPLICIT.
JUST WATCH THIS PHILADELPHIA
D.A. ADDRESSING A ROOMFUL OF
PROSECUTORS IN A LEAKED 1980s
TRAINING VIDEO, EXPLAINING WHICH
JURORS THEY MIGHT WANT TO AVOID.
ANOTHER FACTOR, I'LL TELL YOU
ANOTHER FACTOR, I'LL TELL
YOU, IF, YOU KNOW, IN SELECTING
BLACKS, AGAIN, YOU DON'T WANT
THE REAL EDUCATED ONES.
AGAIN IT'S... THIS GOES ACROSS
THE BOARD OF ALL RACES.
YOU DON'T WANT SMART PEOPLE.
AND AGAIN... BUT IF YOU... IF
YOU... IF YOU'RE SITTING DOWN
AND YOU'RE GONNA TAKE BLACKS,
YOU WANT OLDER BLACKS.
IN MY EXPERIENCE, BLACK WOMEN,
YOUNG BLACK WOMEN ARE VERY BAD.
THERE'S AN ANTAGONISM.
I GUESS MAYBE BECAUSE THEY'RE
DOWNTRODDEN ON TWO RESPECTS.
THEY GOT TWO MINORITIES...
THEY'RE WOMEN AND THEY'RE BLACKS
AND SO THEY'RE DOWNTRODDEN ON
TWO AREAS AND THEY SOMEHOW WANT
TO TAKE IT OUT ON SOMEBODY, AND
YOU DON'T WANT IT TO BE YOU.
OKAY, FIRST, ANY WHITE
PEOPLE WHO USE THE WORD "BLACK"
AS A NOUN AND NOT AN ADJECTIVE
ARE PRETTY SUSPICIOUS.
THROW IN THAT MUSTACHE AND
SUDDENLY IT FEELS LIKE
A SPIKE LEE PERIOD PIECE.
AND EVEN PUTTING ASIDE THE
BIGOTRY THERE, THE ONLY TIME
IT'S ACCEPTABLE TO SAY "WE DON'T
WANT SMART PEOPLE" IS IN A
TRAINING MANUAL FOR SELLING
LULAROE.
BECAUSE IF YOUR BUSINESS MODEL
IS "SELL 5,000 UGLY LEGGINGS ON
FACEBOOK TO THE PEOPLE WHO HATED
YOU IN HIGH SCHOOL," THEN, YEAH,
YOU'RE GONNA WANT TO WEED OUT
THE SMART PEOPLE.
NOW WE REACHED OUT TO THAT
PROSECUTOR, WHO WAS UPSET,
SAYING, "EVERYONE HAS TRIED TO
SOMEHOW MAKE THIS RACIST," EVEN
THOUGH HE AGREED THAT "THE BEST
JURY IS BIRACIAL."
SOMETHING SLIGHTLY UNDERCUT BY
THE FACT THAT, A, YOU JUST HEARD
HIM SAY "YOUNG BLACK WOMEN ARE
VERY BAD," AND B, A LATER REVIEW
OF FELONY CASES THAT HE'D TRIED
FOUND HE'D REMOVED BLACK JURORS
AT SUCH A HIGH RATE, THE ODDS OF
IT HAPPENING BY CHANCE WERE ONE
IN A QUADRILLION.
AND THAT GUY'S NOT A ONE-OFF.
RECENT STUDIES IN NORTH CAROLINA
AND LOUISIANA FOUND PROSECUTORS
STRIKING BLACK JURORS AT TWICE
AND THREE TIMES THE RATE OF
WHITE JURORS.
AND IF YOU'RE WONDERING HOW THEY
WERE ABLE TO DO THAT, IT'S WORTH
KNOWING, IN A TRIAL, LAWYERS
HAVE TWO WAYS TO REMOVE JURORS.
THE FIRST IS A SO-CALLED
CHALLENGE FOR CAUSE.
THAT'S WHERE THEY CAN SHOW A
JUROR CAN'T BE IMPARTIAL BECAUSE
OF SOME CONNECTION TO THE TRIAL
OR BECAUSE THEY'RE SOMEHOW UNFIT
TO SERVE.
THE SECOND IS A PEREMPTORY
CHALLENGE, WHERE THEY CAN REMOVE
A LIMITED NUMBER OF JURORS WITH
NO EXPLANATION, ALTHOUGH SINCE A
1986 SUPREME COURT RULING, THEY
CAN'T EXCLUDE JURORS PURELY
BASED ON RACE.
IT'S SOMETHING THAT THIS HLN
HOST EXPLAINS IN A BORDERLINE
AGGRESSIVELY LITERAL WAY:
WHAT HAPPENS IS, THE
PROSECUTION AND DEFENSE EACH
HAVE TEN JURORS EACH THAT THEY
CAN REJECT FOR ANY REASON AT ALL
OR FOR NO REASON, UNLESS THEY
BELIEVE THE OTHER SIDE IS
PLAYING THE RACE CARD.
AND THEY CAN THEN CHALLENGE THAT
PEREMPTORY CHALLENGE.
I'VE GOT A LOT OF
QUESTIONS, AND NONE OF THEM ARE
ABOUT PEREMPTORY CHALLENGES.
FIRST, WHY USE THE LOADED TERM
"PLAYING THE RACE CARD" AT ALL?
SECOND, WHY IMPLY IT MEANS
"ACTING IN A RACIST FASHION"
WHEN IT DOESN'T?
BUT MOST IMPORTANTLY, HOW LONG
DID THAT MAN WALK AROUND WITH
THAT "RACE CARD" IN HIS SUIT
POCKET?
WAS IT JUST FOR THE SHOW, OR
DOES HE ALWAYS WALK AROUND WITH
IT ON THE OFF-CHANCE HE HAS TO
EXPLAIN PEREMPTORY CHALLENGES TO
SOMEONE?
IF SO, DOES HE EVER GO TO PAY
FOR SOMETHING, ACCIDENTALLY PULL
OUT HIS RACE CARD, AND THEN SAY,
"OOPS, THAT'S NOT MY WALLET,
THAT'S MY RACE CARD" TO THE
UTTER BEWILDERMENT OF THE
CASHIER?
ALSO, HOW DID HE GET THAT CARD?
DID HE MAKE IT HIMSELF?
'CAUSE THAT'D BE WEIRD, BUT IT
MIGHT ACTUALLY BE WEIRDER IF
HE'D ASKED SOMEONE ELSE TO MAKE
IT FOR HIM.
THAT WOULD MEAN HE'D ASKED A
PRODUCER, "HEY, CAN YOU MAKE ME
A RACE CARD FOR MY SEGMENT ON
JURY SELECTION?"
TO WHICH THEY PROBABLY SAID,
"WHAT DO YOU MEAN?"
AND HE SAID, "YOU KNOW, LIKE A
PHYSICAL CARD THAT SAYS 'RACE
CARD' ON IT."
AND THEN THE PRODUCER SAID,
"WHY?"
AND HE SAID, "BECAUSE I'M TRYING
TO EXPLAIN LAWYERS PLAYING THE
RACE CARD WHEN STRIKING JURORS."
TO WHICH THE PRODUCER SAID,
"BUT CAN'T YOU JUST SAY THE
PHRASE 'PLAYING THE RACE CARD?
OR, Y'KNOW, NOT ACTUALLY SAY IT
AT ALL?'"
AND HE SAID, "ABSOLUTELY NOT."
SO A PRODUCTION ASSISTANT THEN
SPENT 20 MINUTES PRINTING THE
WORDS "RACE CARD" ON A RED CARD.
IS THAT HOW IT CAME TO EXIST?
AND WHAT HAPPENED TO IT AFTER
THE SHOW?
DID HE THROW IT AWAY?
OR DID HE PUT IT ON HIS DESK
JUST IN CASE HE EVER NEEDED IT
AGAIN?
AND IF SO, DID SOMEONE EVER WALK
BY AND SAY, "HEY, WHAT THE FUCK
IS THAT?"
TO WHICH HE REPLIED, "OH, THAT'S
JUST MY RACE CARD" AS IF THAT'S
A NORMAL THING TO SAY OR TO
HAVE?
AND FINALLY, AND I KNOW THIS
ISN'T THE MOST IMPORTANT
THING... WHY DOES IT
SAY RACE "CARD" ON IT?
IT'S ALREADY A CARD.
SHOULDN'T IT JUST SAY "RACE?"
BECAUSE ISN'T THE THING HE'S
HOLDING UP THERE TECHNICALLY A
"RACE CARD" CARD?
AND IF SO, WHAT DOES THE FUCK
DOES "THAT" MEAN?
I HAVE SO MANY QUESTIONS ABOUT
THIS, AND I KNOW WE DON'T HAVE
TIME, BUT I GUESS MY BROADER
POINT IS, THERE ARE TWO WAYS FOR
LAWYERS TO STRIKE JURORS, AND
HLN IS A DEEPLY WEIRD TELEVISION
NETWORK.
BUT WHILE THE SUPREME COURT SAID
YOU CAN'T STRIKE JURORS BASED ON
RACE, IT TURNS OUT, THAT'S AN
EASY RULE TO GET AROUND.
ALL YOU HAVE TO DO IS COME UP
WITH SOME REASON OTHER THAN RACE
TO STRIKE A JUROR AND THEN DO IT
ANYWAY.
REMEMBER THAT LAWYER YOU SAW
EARLIER?
HE WAS SPEAKING AFTER THAT
RULING WAS HANDED DOWN AND WAS
OPENLY INSTRUCTING PROSECUTORS
ON HOW NOT TO GET CAUGHT.
LET'S SAY YOU STRIKE THREE
BLACKS TO START WITH.
FIRST THREE PEOPLE.
AND THEN IT'S LIKE, THE DEFENSE
ATTORNEY MAKES AN OBJECTION
SAYING THAT YOU'RE STRIKING
BLACKS.
WELL, YOU'RE NOT GONNA BE ABLE
TO GO BACK AND SAY, "OH, YEAH."
MAKE SOMETHING UP ABOUT WHY HE
DID IT.
WRITE IT DOWN RIGHT THEN AND
THERE.
SO SOMETIMES UNDER THAT LINE,
YOU MAY WANT TO ASK MORE
QUESTIONS OF THOSE PEOPLE SO IT
GIVES YOU MORE AMMUNITION TO
MAKE AN ARTICULABLE REASON AS TO
WHY YOU'RE STRIKING THEM AND NOT
FOR RACE.
WOW.
IT'S PRETTY BIZARRE TO SEE A
GOVERNMENT OFFICIAL SO
FLAGRANTLY TEACHING PEOPLE HOW
TO DO SOMETHING ILLEGAL.
IT'S LIKE IF "HOW TO GET AWAY
WITH MURDER" WAS AN EDUCATIONAL
SERIES WHERE VIOLA DAVIS
EXPLAINS HOW TO LITERALLY GET
AWAY WITH MURDER.
WHICH SHE'D ABSOLUTELY CRUSH, BY
THE WAY.
I WOULD GLADLY WATCH MULTIPLE
SEASONS OF HER DESCRIBING IN
VIVID DETAIL HOW TO DISMEMBER A
CORPSE AND DISSOLVE THE BODY
PARTS IN ACID.
AND, LOOK, TO THIS DAY,
PROSECUTORS USE A WIDE VARIETY
OF BULLSHIT REASONS TO STRIKE
BLACK JURORS,
SOME OF WHICH ARE JUST FLAT-OUT
RIDICULOUS, LIKE SAYING JURORS
WERE TOO YOUNG, TOO OLD, SINGLE,
DIVORCED, RELIGIOUS OR NOT
RELIGIOUS, LIVED IN A POOR PART
OF TOWN, HAD A HYPHENATED LAST
NAME, DISPLAYED BAD POSTURE, OR
WERE SULLEN, DISRESPECTFUL, OR
TALKATIVE.
IN FACT, JUST LISTEN TO THIS
PUBLIC DEFENDER DESCRIBE A JUROR
STRIKE HE ONCE SAW:
I HAD A JUROR, AN
AFRICAN AMERICAN WOMAN, WHO WAS
ACTUALLY EXCLUDED BECAUSE SHE
WAS WEARING WHAT'S CALLED A
"PUFFY COAT."
YEAH.
SHE WAS EXCLUDED FOR
WEARING A PUFFY COAT.
A JACKET SHOULD NEVER BE AN
ACCEPTABLE REASON TO EXCLUDE
SOMEONE FROM A JURY.
UNLESS IT'S THE ONE THAT
POST MALONE WORE TO
THE AMERICAN MUSIC AWARDS.
HE LOOKS LIKE HE'S SUPPOSED TO
JUMP OUT OF A CAKE AT A
MARIACHI-THEMED GENDER REVEAL
PARTY.
AND IF YOU WANT TO SEE THE
LENGTHS TO WHICH PROSECUTORS ARE
WILLING TO GO, JUST LOOK AT THE
MULTIPLE MURDER TRIALS OF CURTIS
FLOWERS IN MISSISSIPPI.
HIS CASE MADE IT ALL THE WAY TO
THE SUPREME COURT, WHICH DECIDED
THAT HIS PROSECUTOR HAD
REPEATEDLY AND BLATANTLY TRIED
TO WHITEWASH THE JURY.
AND THAT OPINION WAS WRITTEN BY
MAYBE THE LAST JUSTICE YOU'D
EXPECT.
JUSTICE BRETT KAVANAUGH WROTE
THAT A WHITE MISSISSIPPI
PROSECUTOR'S GOAL WAS TO HAVE AN
ALL-WHITE JURY DECIDE THE FATE
OF AN AFRICAN AMERICAN MAN
ACCUSED OF MURDER, WHICH IS
UNCONSTITUTIONAL.
THE COURT'S NEWEST JUSTICE
SAID THAT DISTRICT ATTORNEY
DOUG EVANS WAGED A "RELENTLESS,
DETERMINED EFFORT TO RID THE
JURY OF BLACK INDIVIDUALS."
IT WAS CURTIS FLOWERS' SIXTH
TRIAL FOR THE SAME QUADRUPLE
MURDER.
KAVANAUGH POINTED TO A PATTERN,
NOTING THAT EVANS HAD REMOVED
41 OF THE 42 PROSPECTIVE BLACK
JURORS OVER THE SIX TRIALS.
41 OF 42 JURORS!
YOU KNOW YOU'RE DOING SOMETHING
WRONG WHEN IT'S SO FLAGRANT EVEN
BRETT KAVANAUGH HAS A PROBLEM
WITH IT... A MAN WHO'S DONE
EXACTLY TWO GOOD THINGS IN HIS
THIS DECISION AND MAKING
IT ACCEPTABLE TO SPEND YOUR
ENTIRE JOB INTERVIEW SCREAMING
AND CRYING.
AND IT WASN'T JUST HOW OFTEN
THAT PROSECUTOR STRUCK BLACK
JURORS... IT'S HOW BLATANTLY HE
DID IT.
BECAUSE WHILE, ON AVERAGE, HE
ASKED THE WHITE JURORS WHO WERE
SEATED ONE QUESTION, HE ASKED
THE BLACK JURORS HE STRUCK 29.
AND HOW DO YOU ASK ANYONE THAT
MANY QUESTIONS ABOUT ANYTHING?
THAT'S TOO MANY, EVEN FOR A
FIRST DATE WHO'S DESPERATELY
TRYING TO KEEP THE CONVERSATION
GOING.
"LET'S SEE, I'VE ASKED ABOUT
WHERE YOU GREW UP, WHAT YOU DO
FOR WORK, WHETHER YOU LIKE YOUR
JOB, WHETHER YOU HAVE ANY
SIBLINGS, WHETHER YOUR SIBLINGS
ARE OLDER OR YOUNGER, WHAT YOU
LIKE TO DO FOR FUN, WHAT KIND OF
MUSIC YOU LIKE...
WHAT ELSE IS THERE?
DO YOU LIKE RAKES?"
AND A PROSPECTIVE JUROR IN ONE
OF CURTIS FLOWERS' TRIALS FELT
PRETTY CLEAR ABOUT WHY SHE'D
BEEN STRUCK.
THEY JUST TOLD US THEY DIDN'T
NEED US.
I THINK THEY MIGHT HAVE ASSUMED
THAT BECAUSE I WAS BLACK THAT I
WAS GOING TO AGREE WITH THAT HE
WAS INNOCENT JUST BY THE COLOR
OF HIS SKIN.
BUT I ACTUALLY WOULD HAVE
LISTENED TO THE EVIDENCE AND HAD
AN OPEN EAR.
I ACTUALLY WAS LOOKING FORWARD
TO SERVING.
LOOK, IT IS RIDICULOUS
TO ASSUME THAT A JUROR WILL BE
BIASED JUST BECAUSE THE
DEFENDANT IS THE SAME RACE.
OF COURSE A BLACK PERSON CAN BE
IMPARTIAL WHEN THE DEFENDANT IS
BLACK, IN THE SAME WAY THAT I
COULD BE IMPARTIAL IF THE
DEFENDANT WAS AN OWL.
TO SUGGEST OTHERWISE IS
EXTREMELY INSULTING, NOT JUST TO
MYSELF, BUT TO ALL OWLS.
AND THESE DECISIONS HAVE
CONSEQUENCES.
CURTIS FLOWERS SPENT 20 YEARS ON
DEATH ROW AND IS CURRENTLY OUT
ON BAIL AWAITING A POTENTIAL
SEVENTH TRIAL.
SO TAKEN ALL TOGETHER, IT'S
CLEAR THAT, FROM HOW WE DECIDE
WHO SERVES TO HOW THE LIST IS
ADMINISTERED THROUGH WHO WE LET
LAWYERS SELECT, WE'RE MAKING A
MOCKERY OF THE PHRASE "A JURY OF
YOUR PEERS."
BECAUSE WHO, EXACTLY, IS THE
"YOU" THERE?
THE DEFENDANT'S PEERS?
OR THE PROSECUTOR'S PEERS?
THERE'S A BIG DIFFERENCE.
AND AS WE'VE SEEN, THE IMPACT OF
HAVING PEOPLE IN A JURY ROOM WHO
CAN SPEAK TO WHAT BEING BLACK IN
AMERICA IS LIKE AND HOW THAT
MIGHT AFFECT YOUR RELATIONSHIP
WITH LAW ENFORCEMENT CAN BE
HUGELY BENEFICIAL.
AND YES, THAT MIGHT MAKE A
PROSECUTOR'S JOB A BIT MORE
DIFFICULT, BUT THE ROLE OF A
COURT IS NOT TO MAKE IT FUCKING
EASY BY HAVING CASES HEARD ONLY
BY A GROUP OF WHITE PEOPLE...
OR, TO USE THE PROPER COLLECTIVE
NOUN FOR THAT, "A WHOLE FOODS."
I'M SERIOUS, TRY IT IN A
SENTENCE.
"LOOK AT THAT GAGGLE
OF GEESE FLYING OVER THAT
WHOLE FOODS OF ABIGAILS."
SO HOW DO WE FIX THIS?
WELL, THERE ARE FOUR BASIC STEPS
WE COULD TAKE.
ONE, BROADEN JURY POOL LISTS SO
THEY DON'T EXCLUDE LARGE
SECTIONS OF THE COMMUNITY.
SOME HAVE SUGGESTED USING INCOME
TAX LISTS, FOR INSTANCE.
TWO, MAKE THAT DATA PUBLIC SO WE
CAN SEE IF THERE WERE ERRORS IN
COMPILING POTENTIAL JURORS.
THIRD, INCREASE JUROR PAY SO
THAT PEOPLE WHO MISS WORK DON'T
SUFFER FINANCIAL HARDSHIP.
AND FINALLY, REFORM THE PROCESS
BEHIND PEREMPTORY CHALLENGES TO
MAKE IT MORE PRACTICALLY
DIFFICULT TO STRIKE JURORS BY
RACE.
AND WHILE, YES, THIS IS A LOT OF
WORK, IT'S WORTH IT, BECAUSE AS
WE'VE DISCUSSED BEFORE, EVERY
GEAR IN THE CRIMINAL JUSTICE
SYSTEM IS UNFAIRLY BIASED
AGAINST PEOPLE OF COLOR... FROM
POLICING TO BAIL TO THE SHORTAGE
OF PUBLIC DEFENDERS TO PUNITIVE
SENTENCING TO INCARCERATION TO
RE-ENTRY FROM PRISON.
AND THIS IS YET ANOTHER TO ADD
TO THAT DEPRESSING LIST.
BECAUSE RIGHT NOW, TOO OFTEN,
OUR CURRENT SYSTEM WOULD
SYSTEMATICALLY WEED OUT A
QUALIFIED PERSON WHO ACTUALLY
WANTS TO SERVE AND LEAVE IN
SOMEONE WHO AGGRESSIVELY DOESN'T
BECAUSE HE CAN'T WATCH HBO AND
FUCK IN THE JURY BOX.
AND NOW THIS.
AND NOW, JIM
CRAMER'S FUN TIME QUARANTINE
ACTIVITY MAKES YOU SAD.
WE HAVE SEEN SO MANY ZOOM
ADAPTATIONS ON OUR NETWORK AND I
HAVE HAD TO BE IN ZOOM BRUNCHES,
WHATEVER.
I'M NOT TELLING YOU TO DO YOUR
BANKING ON ZOOM.
I AM TELLING YOU TO DO YOUR
BOOZY BRUNCH.
OUR NOW... MY BOOZY BRUNCH PAID
FOR NEXT SATURDAY'S BOOZY
BRUNCH.
MY ZOOM BRUNCH.
I YOU DO MY BOOZY BRUNCH.
I CANNOT WAIT UNTIL SUNDAY,
BECAUSE SUNDAY IS HER BOOZY
BRUNCH ENABLED BY ZOOM.
I WAS VICIOUSLY OVERSERVED
LAST SUNDAY, EVEN THOUGH I AM
LIVING ALONE.
IT THAT'S OUR SHOW.