There are a lot of protest ideas floating around. But jury nullification would get white people’s attention. Remember how pissed-off white people were about O.J.? And that was just one dude. White people would notice if black jurors simply refused to play along.
We can bitch and we can march and we can refuse to stay in Trump hotels. But until the system stops giving white people something they want — the orderly procession of justice — then they will not be motivated to change the system. I WANT CHAOS IN THE PROSECUTOR’S OFFICE. And you can’t accomplish that with a bomb or a gun.
But you can with an acquittal. Lots of acquittals. All the acquittals. There are counties in this country where the justice system would grind to a halt if prosecutors couldn’t find black and brown people willing to convict or indict. NOBODY CARES if they can’t get an indictment against a police officer whose only crime was the murder of an African-American. But let’s see how Preet Bharara likes it when he can’t get an indictment for political corruption (defendant accused of taking advantage of the system? Acquit.). Let’s see what happens in Brooklyn when they can’t evict anybody ever again (refusing to pay rent to a white man? Acquit.). Let’s see what happens in Hollywood when you can’t bring a case against pirates (stealing the white man’s movies? Acquit.).
Yes, this is roughly Al Pacino’s plan in The Devil’s Advocate:
"Kevin Lomax: Why the law? Cut the shit, Dad! Why lawyers? Why the law?
John Milton: Because the law, my boy, puts us into everything. It’s the ultimate backstage pass; it’s the new priesthood, baby. Did you know there are more students in law school than there are lawyers walking the Earth? We’re coming out, guns blazing! The two of you, all of us, acquittal after acquittal after acquittal… until the stench of it reaches so high and far into heaven, it chokes the whole fucking lot of them."
The stench of it will choke the system until it is willing to change.
This is a protest that could make a difference. This would hit the justice system where it hurts. Even putting aside how race-based jury nullification would affect the federal system, let’s just look at how this would affect one state, one city, where there are more than enough minorities where they couldn’t exclude us from juries, even if they wanted to.
There were a million cases calendared in the five boroughs of New York City, according to the 2015 Annual Criminal Court Report. Some 315,000 of them went to a final disposition with 146,201 resulting in a guilty plea. There were about 500 “trials,” resulting in 233 acquittals and 243 convictions.
Not every trial featured a jury, and not every conviction featured a white male victim or a crime against “the man.” This is important. I see limited protest value, for instance, in letting rapists go free — it’s hard enough for women to get these assholes in court in the first place.
But can you imagine a world where a prosecutor could get a conviction on, say, a hate crime, but couldn’t get a conviction against a guy accused of stealing a white man’s Mercedes? White people aren’t willing to indict a cop for choking a black man to death in broad daylight. Imagine if black people weren’t willing to indict a citizen for punching a white guy in the mouth?
White people would lose their s**t, that’s what would happen. Suddenly, the New York Times would pull reporters off the “understanding Trump voters” beat and you’d start seeing stories like “Hmm… It Appears Negros Have Some Grievances Too.”
And that’s just the start of it. You start flipping some of those 243 convictions, and the walls start crumbling around the 146,201 cases where defendants plead out. THAT’S how you gum up this system. So many of those plea deals are from people who just can’t risk a trial where they know that the jury will be stacked against them. But what if they knew there was a chance, a good chance, that a minority on the jury would just refuse to convict?
That’s how cops roll. You have to think about it, why didn’t a cop like Michael Slager take a plea deal? They had him ON VIDEO shooting a man in the back five times. He didn’t plea because he knew he just needed one racist white guy on his jury. You give some of those 146,201 defense attorneys the same “hope,” and the courts grind to a halt.
You change the math, you change the game.
For the price of, what, 50 – 100 extra “guilty” people walking free (in all of NEW YORK CITY), you could change the calculus around the dispensation of justice in New York City. Without a new law. Without an act of Congress. Without approval from The President In The High Castle.
White juries are using jury nullification to protect cops. But the door swings both ways. It’s time for us to push back. Civil disobedience, when used in a targeted fashion, is a powerful force.
