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.

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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.