Dec. 28, 2016

“The problem of juror pressure on a dissenting juror has long been known by defense attorneys and prosecutors.

“In a National Center for State Courts project on hung juries, researchers surveyed 367 unanimous decisions…. In nearly 40 percent of the cases at least one juror [disagreed] but went along with the majority and made the verdict unanimous….

“Research shows that dissenting jurors often go along not because they are convinced about points of evidence but because they bow to ‘normative pressure’: A lone holdout is under relentless and harsh pressure from other jurors to knuckle under. The pressure from the push for speed, the verbal battering and the threat of ostracism is virtually impossible to resist.

“The problem is made worse [in cases] when it’s impossible for a dissenting juror to say with absolute certainty whether the position of the majority is the right one and when the verdict could do horrible legal damage….”

– From “Why Zimmerman Juror B29 Believed in His Guilt But Still Voted to Acquit” by Earl Ofari Hutchinson on the Huffington Post (July 28, 2013)

Bob Kelly’s jury serves as a sad example of the contaminated chemistry of verdict making.

Dec. 16, 2015

On this day 25 years ago: Bonds for Little Rascals employees Robin Byrum and Dawn Wilson are reduced to a still excessive $200,000 – Byrum’s from $500,000, Wilson’s from $880,000.

Byrum will be released four days later, Wilson not for eight weeks.

Because she went to trial and the jury returned a guilty verdict (eventually overturned), Wilson’s story is much better known.

But Byrum suffered her own coercive torture at the hands of prosecutors before charges were dropped in 1996.

Nineteen years old when she was arrested in January 1990, she spent almost a year in jail, leaving her 7-month-old baby in the care of her husband. Had she agreed to testify against Bob Kelly, she could have walked out a free woman – and mother.

In “Innocence Lost: The Plea” (1997), Byrum explained why she had been tempted by but repeatedly refused the prosecutors’ deal:

“…. I would not ever have to be separated from my child again. But then I’d have to live with the rest of my life that I (said I) did something when I didn’t do it.”

May 21, 2018

“Cops, district attorneys, defense attorneys, and judges make mistakes all the time. Mistakes don’t obstruct justice. Justice is obstructed by refusing to acknowledge and rectify mistakes, and instead doubling down on and repeating them….”

– From “For a small, blue state, Massachusetts wrongfully convicts a lot of people”  by George Bullen at 50 States of Blue (Jan. 30)

The prosecution of the Edenton Seven blew through one red light after another, willfully blind to the enormous mistakes it had made and hell-bent on making even more.

June 7, 2013

“One hundred and fifty-five years after it snubbed Dr. John Snow in his obituary, The Lancet is taking it back.

“The British medical journal noted that its original obituary – published June 26, 1858 – failed to mention his “remarkable achievements” in epidemiology, especially his research on the way cholera is spread….

“It’s not the first time a publication has issued a correction for work published decades ago. The New York Times corrected a 26-year-old error about horse-drawn carriages in Central Park in 2011, and once retracted a 1920 editorial that claimed space travel was impossible.”

– From “The Lancet Corrects Obituary For John Snow Published 155 Years Ago” in the Huffington Post (April 12)

If The Lancet and The New York Times can reach back in their archives to right the record, why can’t Journal of Child and Youth Care, Child Abuse & Neglect and Nursing Research?