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March 20, 2008
Posted: 03:25 PM ET

NEW YORK – The U.S. Supreme Court just threw out the death sentence for a black man convicted of murder. And the vote wasn’t even close. He gets a new trial because the prosecutor quite plainly used race to stack the jury.

ALT TEXT

Jami Floyd has the Last Word again.

Then, to add insult to Constitutional injury, the D.A. referred to the case — in front of the all white jury he’d secured — as his O.J. Simpson case. All this just months after that notoriously controversial acquittal. Read more

And that’s why the Supreme Court smacked down that D.A. But this particular brand of bad D.A. behavior is not an isolated event. And it’s not limited to the “Deep South,” either. Watch

No, the practice of jury selection based on skin color is widespread, despite the Supreme Court’s consistent rulings that to do so is a violation of the very Constitution prosecutors are sworn to protect.

So now rings out the reminder to prosecutors everywhere: use race to pick a jury and you may win the case only to see the conviction thrown out.

That is the Last Word.

Jami Floyd, In Session anchor

Filed under: Death penalty • Jami Floyd • Last Word • Supreme Court


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Esabell R Zellmar   March 20th, 2008 9:38 pm ET

If Jami Floyd had her way every murderer in the world would be free. The death penalty should only be used in really terrible cases where there is no hope of rehabilitation but there is a place for it in our court system. Regardless of what Miss Floyd thinks,
Thanks,
Esabell

FELISA from chattanooga   March 21st, 2008 10:21 am ET

This is scary. That DA is beyond ridiculous. no doubt a Bush appointee. All the publicity about a preacher that has no power but a DA who has the people’s life in his hands is disgusting. I thought TN was bad.

Todd   March 21st, 2008 11:29 am ET

I resent the blatant implication that caucasians are incapable of being objective in such an important matter. I also question if the high court will apply equal sanctions to black defendants who stack juries in their favor!

Celeste   March 21st, 2008 11:25 pm ET

This D.A. needs to look for a new job as emcee of a 3-ring circus. I have no respect for someone who can’t win by playing by the rules.

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Sidebar takes you behind the scenes of the day's legal headlines with breaking news and in-depth analysis from In Session's anchors and correspondents.

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Ashleigh Banfield
Co-anchor of the daily trial program Banfield and Ford: Courtside
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Former defense attorney and anchor of her own daily program Jami Floyd: Best Defense
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