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The real issue - separate systems - behind the Jena 6
It took a year, but we have
a new national story. Not the continuing sad saga of O.J. Simpson,
but it’s the “Jena 6” story of six black youths from Jena,
Louisiana, who were tried as adults after assaulting a white youth.
In case you have not been near your television or newspapers
in a few days, over a year ago six black youths were arrested for
assaulting a white youth in retaliation for a previous attack at
Jena High School. It’s automatically a black versus white race
story. That makes it juicy. What makes it interesting is that not
only has the story reignited the southern racial tensions of long
ago, but it has put our justice system smack in the middle of the
controversy.
One youth, Mychal Bell, then only 16, was tried as an adult and
convicted of aggravated second-degree battery and conspiracy. He
faced a long jail sentence. Although he is still in jail, his
conviction has been overturned, and he will get a new trial in
juvenile court. Without indicting that particular court proceeding,
his sentencing did seem unfair. We give men who habitually beat
women and children more leniency. It appears all the young “Jena 6”
men got a raw deal. Without knowing all the facts, we can only
assume from a great distance that they deserve a new trial with
better representation.
One of the loudest claims about this case is that it is proof
to some that America still has two separate justice systems, one for
whites and one for blacks. An all-white jury convicted Bell. Of
course, Jena, LA, is over 90 percent white. According to one
report, only 50 people appeared out of 150 summoned, and none of
those were black.
Similar results could happen anywhere in America. Even in a
more racially diverse demographic such as ours, it’s nothing short
of a miracle to get blacks to answer the call for jury duty. It is
highly possible to have a randomly selected all-white jury in our
county. Minority representation in the jury system has become a
national epidemic. Not just in the South, but nationwide,
minorities, blacks in particular, do not participate in the justice
system. Blacks make up almost 13 percent of our general population.
That is not reflected in our national jury pool.
On the other hand, blacks make up over 80 percent of our prison
population. Raw data could lead a reasonable person to assume there
are two separate justice systems. There has long been the cry that
it’s the white man who sends blacks to jail in record numbers. It
has become very easy to blame the white man for taking part in the
jury process. However, if blacks are absent from that side of the
bench, it may be more accurate to say it’s the absent black man who
sends more blacks to jail.
We have but one system of justice. It is the racial makeup of
the participants that make the difference. It is not reasonable to
expect every black person who meets the legal age, U.S. citizenship,
and residency requirements to serve when called for jury duty. Many
young people of all races and ethnicities are just not into the
workings of the government. For those citizens who are more mature,
educated and established, to avoid their civic duty is a different
story.
It is almost unfathomable to think that some black community
and business leaders, educators, and aspiring elected officials
would opt out of jury service. Those members of communities all
across the country who fail to serve on juries are contributing to
the swelling rolls of our black prison population.
Potential jury pools are sometimes compiled from state
identification, driver’s license and voter registration records.
Many blacks are automatically excluded from jury summons because
they don’t show up in any of those records.
Reminiscent of the famous civil rights marches of the 1950s and
1960s, a big protest march in support of the “Jena 6” was held in
the little town this past Thursday. News estimates of 20,000-60,000
peaceful protesters overwhelmed the town of around 3,000.
Such protest marches have become a traditional black response
to perceived injustices. Some have resulted in improved human
conditions and bettered our society. Blacks have marched a million
strong in Washington, D.C., across a bridge into Selma, Alabama, and
through the streets of Decatur, Illinois. I am waiting for the day
when a big march is organized to march up the courthouse steps to
the jury office to sign up for duty.
As I watched highlights of the protest, I wondered how Mychal
Bell would feel if he saw the thousands of blacks marching on his
behalf, yet knowing there was not one on the jury that convicted
him. How many of those marchers had ever used “every means
necessary” to avoid jury duty?
A bigger question about this ordeal remains. If the victim had
also been black, would charges have been filed; would Mychal Bell be
in jail; and would 60,000 blacks have cared enough to protest? |
