WHO'S THE FAIREST OF THEM ALL

Mirror Mirror on the wall...

If you are observant and have been snooping around the courthouses the last few days then you've noticed something different. Things are quiet. Going smoothly.  Why? 

The Judges of the State of Florida are in town for ….Supreme Court mandated.... 

Gimme a D....D....

DIVERSITY TRAINING! 

Yes the D word. Diversity. Judges have to have training within three years of becoming special human beings.  But wait you ask- "If a lawyer becomes a judge, aren't they already fair and sensitive to diversity issues?" 

Surely you jest. 

What occurred at the D training? We don't know. We couldn't get a judge to talk to us on the record. Actually, we couldn't get a judge to talk to us off the record. A few loose-lipped bailiffs and JAs spilled the beans when we asked where everyone was. 

Here's how we envision a lecture...

Biodiversity refers to the variety and variability of life on Earth. Biodiversity is typically a measure of variation at the genetic, species, and ecosystem level. Terrestrial biodiversity is usually greater near the equator, which is the result of the warm climate and high primary productivity. 

Oh wait. This is about race and gender....

This is George Stinney. On June 14, 1944 he was executed by electrocution after he was wrongfully convicted of the murder of two white girls. 
The trial lasted one day- including jury selection. 
The jury deliberated ten minutes. 
There was no transcript of the trial. 
There was no appeal. 
George Stinney was executed 83 days after he was convicted. 
When he was executed he was five feet tall and weighed 90 pounds. He was too small for the electric chair so he was made to sit on a bible in the chair. Good Christians they who executed the fourteen year old boy. 

Mirror mirror on the wall, who's the fairest of them all? 
Not the American Justice system, often touted as the best in the world. 

You want to talk about race and diversity in the criminal justice system? 

Tell it to George Stinney. 

THE YOUNGEST VICTIM

For those of you who support capital punishment and trumpet the greatness of the American judicial process, the news that George Stinney may get a new trial is probably considered good news and proof of the fairness of American courts. The triumph of Due Process as it were. 

The problem is that George Stinney was electrocuted at the age of 14 in Georgia on June 16, 1944. 
George Stinney was so small that the straps on the electric chair couldn't be tightened enough to secure his hands and legs. 

Stinney, who by now you probably realize was black,  was convicted of the first-degree murder of two white girls: 11-year-old Betty June Binnicker, and 8-year-old Mary Emma Thames.  No physical evidence existed in the case, and the sole evidence against Stinney was the circumstantial fact the girls had spoken with Stinney and his sister shortly before their murder, and his confession, which was obtained after the police bought him an ice cream cone.

Following Stinney's arrest, Stinney's father was fired from his job. Stinney's parents and siblings were given the choice of leaving town or being lynched. The family was forced to flee, leaving George Stinney with no support during his 81-day confinement and trial.

The entire Stinney trial, including jury selection, took one day. Stinney's court-appointed defense counsel was a tax commissioner campaigning for election to local political office. Stinney's lawyer did not challenge the three police officers who testified Stinney confessed to the two murders, despite this being the only evidence presented by the prosecution. The police did not make written records of Stinney's purported confession, and at trial, Stinney denied confessing to the crime.

The jury at Stinney's trial consisted entirely of white people; due to racial segregation, no African-Americans were present in the courtroom. Stinney's counsel did not call any witnesses. Trial presentation lasted two-and-a-half hours. The jury took ten minutes to deliberate, after which they returned with a guilty verdict.

Lawyers have now filed a motion for a new trial which a circuit judge is considering. 

We don't about you, but we keep thinking of that poor small child, his family forced out of town, surrounded by unfriendly white faces, being led in and out of court, and then a few months later, being led down some hallway in some prison, strapped into a chair, and electrocuted. 

Yeah, this is some great system of jurisprudence we have.  Something to brag about. 

The next time someone tells you that no innocent person has ever been executed in the United States, mention to them that George Stinney never really had a chance to prove his innocence. 

See you in court.