The whitening of the jury: How discrimination thrives in NC courtrooms

Black people have a constitutional right to serve on juries, just like white people. That should go without saying. But the reality is that prosecutors use all kinds of tricks and excuses to stop black citizens from sitting on juries. In this 5-minute audio documentary created by students at Duke’s Center for Documentary Studies, CDPL attorney Johanna Jennings explains how this form of racial discrimination persists in the courtroom. The students did a fabulous job and it’s worth a listen.

This documentary is just in time. Later this month, the NC Supreme Court will hear arguments from six death row prisoners who have uncovered evidence that people of color were illegally struck from their juries. Learn more here about the Racial Justice Act and how you can get involved.

 

One note: The documentary’s creators, Shaakira Raheem and Khalid Bashr, imagined some fictional questions that prosecutors might ask of black jurors like, “Do you have a birth certificate?” While these are not the actual questions prosecutors have asked black jurors in North Carolina courtrooms, some of the questions they actually have asked are equally outrageous and demeaning. For example:

  • In a Cumberland County courtroom, the prosecutor asked a black man if he had trouble reading and whether he went “straight through” school. No white jurors were asked similar questions.
  • Another Cumberland prosecutor asked a black man if he listened to Bob Marley or was familiar with the former emperor of Ethiopia, Haile Selassie — implying that he might sympathize with black defendants who practiced Rastafarianism. Again, no white jurors were asked similar questions.
  • In Rowan County, a prosecutor asked a black woman if she would face criticism from her black friends if she voted to convict a black person of a crime.
  • In Transylvania County, a black juror was asked if her child’s father was paying child support.

 

Johanna
Johanna Jennings, right