WASHINGTON — The National Association for the Advancement of Colored People (NAACP) and the Legal Defense Fund (LDF) filed an amicus brief Aug. 15 in the U.S. Supreme Court case Kian v. Florida, challenging the constitutionality of Florida’s six-person jury law and arguing that the practice is rooted in racial discrimination, according to a report from the LDF.
The LDF was founded in 1940 and was the nation’s first civil rights legal organization. The organization has played an important role in challenging racial discrimination through the courts and continues to advocate for equal justice.
According to the press release, “Florida’s six-person jury law was enacted by former Confederates in the state legislature as part of a package designed to undermine Black citizenship.” A smaller jury means there are fewer opportunities for Black people to be selected, which can make it easier for racial bias to affect the final jury, according to the report.
In Kian v. Florida, Hamed Kian is challenging his conviction by arguing that the Sixth and 14th Amendments require a 12-person jury for serious felonies. The Supreme Court agreed to hear Kian’s case and will decide whether Florida’s use of six-person juries violates a defendant’s constitutional right to a jury trial, according to FD.org.
“Florida’s law is rooted in racist tactics designed to disadvantage both Black jurors and Black defendants,” Brittany Carter, assistant counsel at the Legal Defense Fund, said. The issue is therefore not only about the number of people serving on a jury but also about whether the jury selection process provides equal treatment for everyone, the press release stated.
“Our constitutional promise of equal justice under law requires a jury selection and composition process that is free from racial discrimination of any form,” Quiana-Joy Ochiagha, NAACP assistant general counsel, said, according to the press release. “And that includes the baseline requirement of a twelve-person jury.”
According to the press release, Ochiagha also stated that the NAACP was proud to stand with the LDF in advocating for fairness in the criminal legal system. She explained that the partnership between the two organizations demonstrates the importance of addressing discriminatory laws and keeping current governments accountable.
In 1970, the U.S. Supreme Court upheld Florida’s use of a six-person jury for a robbery conviction, ruling that a 12-person panel is not strictly required by the U.S. Constitution. Justice Neil Gorsuch and various legal historians later called this ruling an “embarrassing mistake” that turned away from centuries of common law, according to Oyez.
In its brief, the LDF and NAACP claimed and demonstrated that the six-person jury law is still having its intended racist effect, according to the press release. The organizations argued that the history of the law matters because its original purpose was connected to racial discrimination, and the effects of that history continue to influence the criminal justice system today.
The brief asked the Supreme Court to require 12-person juries in Florida. Requiring 12-person juries would increase the number of people involved in deciding a case and could provide greater representation of the community.
At its core, the LDF and NAACP’s amicus brief filing in Kian v. Florida intends to ensure that every defendant receives a fair trial and every citizen has an equal opportunity to serve on a jury, according to a recent press release. The Supreme Court’s decision could determine whether Florida’s six-person jury system can continue — or whether the Constitution requires a fairer, 12-person jury.
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Categories: Breaking News Everyday Injustice Tags: Kian v. Florida Legal Defense Fund NAACP Racial Discrimination six-person juries U.S. Supreme Court