Page 11 - July 2020 Issue

ISSUES REGARDING THE LAW BLIND JUSTICE

by Margaret Heine

JUSTICE CAN BE BLIND (1935) that the Court said that blacks 42 USCS 1983 provides that Harlow v. Fitzgerald. A whistleblower lost
cannot be excluded from jury service. “Every person who, under color of any their government contract for calling out
William Penn in Some Fruits of That didn’t mean that the juries were statute, ordinance, regulation, custom or
Solitud stated, “Justice is justly necessarily composed of “peers”. usage, … causes … any citizen of the misuse of funds, misappropriations and
cost overruns. They sued the government
represented blind, because she sees no There were a number of cases in which United States … the deprivation of any and then President Nixon. The Court
difference in the parties concerned. She all black jurors were excluded by the rights, privileges, or immunities secured found that the government officials were
has but one scale and weight, for rich prosecution when the accused was by the Constitution and laws, shall be immune from prosecution as they had
and poor, great and small.” black. This was addressed as late as liable to the party injured…” immunity. The Court has expanded the
1985 in Batson v. Kentucky, when the role of qualified immunity by setting a
In general, this is what our Court determined that the ends of The courts have interpreted this
justice system strives to achieve. We justice would not be served by section to mean that any person, including standard which is used to this day: that to
cannot be blind to the fact that the allowing prosecutors from keeping all police officers, prosecutors, or other public overcome immunity, you have to establish
justice system, its tenets and beliefs, blacks off of a jury for a black officials who misuse their authority can be that a judicial decision exists which
needs to realign on occasion and adjust defendant. sued for their actions. In the 1960 case of contains the same facts and conduct that
found the officers or the official would not
to the societal outcry for change. In Monroe v. Pape, the court found that police
doing so, however, the justice system Women have faced similar officers could be sued for their actions be shielded and that immunity would not
must maintain orderly application of biases. Blacks beat against James Monroe, and apply.
the law and proper punishment for women to the jury his entire family, all without Next month, more on qualified
abuse of the law. That is a tough love box by decades. a warrant or reason, and immunity and its impact on the perception
statement of the needs of justice. Utah was the first lacked authority to harass of justice.
state to fully allow and arrest Mr. Monroe.
Inequity and unfairly treating women to serve on
the accused in legal matters predates the juries. In 1898, Utah This was viewed as In very improvement in our conceptions
civil war. In reviewing the history of gave women the a reasonable means to keep of justice, as well as in the machinery for
legal cases determined by the Supreme right to be jurors or the police and authorities in the administration of justice, whereby a
Court, there are numerous examples of to withdraw if they check, and to have them be closer approximation to exact justice may
bias influencing juries and prosecutors. were needed more at responsible for their actions, be secured, will make for social peace,
The guilt of the criminal being home. It wasn’t until when they were doing their though the mere adjudication of
determined by their ethnicity. Before the 1930’s when jobs. This all changed in conflicting interests will not remove the
the 1900’s, it was primarily the Irish women were seated 1967 when the concept of
who were falsely accused and not given more frequently as jurors. Thanks to “qualified immunity” was developed in conflicts themselves nor their cause. That
a fair trial, then the Italians, the Jews, the 19 Amendment giving women the the case of Pierson v. Ray. lies deeper than legislatures or courts can
th
the Germans, and the Blacks. right to vote in 1920, the Courts started probe.
to apply the 6 Amendment and the 14 th The Court found that police
th
Prejudice or injustice against Amendment to give women a civic officers should not have to choose between THOMAS NIXON CARVER, Essays in
other ethnicities may have been more right to sit on juries and to allow doing their job and the risk of suit for Social Justice
difficult to identify as most of those women defendants an opportunity to doing their job. The police officers in this
falsely accused were racially the same have a jury of their peers include other case had asked 15 Episcopal priests, 3 of Margaret A.M. Heine is the principal
as the jurors in the case. To address the women. However, the states were slow whom were black, to leave the coffee shop counsel at Heine Law Group in Fullerton,
inherent injustice of homogenous juries to approve women as jurors, and it at the bus terminal where they were going California. She is licensed in California and
not necessarily representing the cross wasn’t until 1968 when the last state to to have lunch. They refused, which was Washington, and has authority to practice
section of the populace, the Courts hold out, Mississippi, finally gave deemed, “a breach of the peace”, and all before the Supreme Court of the United
would ultimately decide that juries women the right to be jurors. were arrested. The police officers, the city States and the United States Court of
needed to be comprised of all races and and county were not held liable for false
all genders. The Civil Rights Act of 1871 imprisonment, false arrest, and false International Trade. Her practice includes
was passed to protect blacks from the imprisonment. estate planning, wills, trusts, and probate as
The Civil Rights Act of 1875 Ku Klux Klan and abuses being well as business, real estate, and civil
first gave blacks the right to sit on committed against persons “of color”. The concept was then greatly litigation. Email: nbylegas@gmail.com or
juries. This Civil Right Act of 1875 was This is embodied in United States Code expanded in 1982 with the decision in visit company website
later overturned by the Supreme Court, 42, section 1983. www.margaretamheine.com.
and it wasn’t until Norris v. Alabama
The lessons of history have taught us that
CAUTIOUS REOPENING - COMING OUT OF THE PANDEMIC even during the most difficult times, we ANYONE NEED ASSISTANCE?
CHECK OUT THE RESOURCES
must protect and treasure our cultural
institutions. Rancho Los Cerritos staff will AVAILABLE BELOW:
Rancho Los Cerritos is a space for will be allowed on the site on a space- continue to work to bring the historic voice RESOURCES ~ There are thousands of
everyone and they reopened on June 10th available basis. of the diverse people who shaped Southern federal, state, and private benefit
as a space of respite, relaxation, and “Rancho Los Cerritos has always been California to life for our community so that programs that help pay for prescription
healing for everyone. a place of comfort for our family. we can continue to share their stories well drugs, health care, utilities, and other
Visiting the site will still be free, but During this time of uncertainty, special into the future. You are a part of the story. basic needs for adults over 55.
visitors must reserve a timed ticket places like the Rancho gardens are - Susan Wise, Rancho Los Cerritos Board www.benefitscheckup.org;
online at RanchoLosCerritos.org/ needed now more than ever. We are Chair 1-202-479-1200
Reserve in advance to ensure that the delighted to welcome you to consider Explore our Exhibits Online National Council on Aging.
capacity of the site remains at a safe our gardens as a place of respite for Tea Through Time is the name of RLC’s new
number. Tickets will be emailed to each your family just as it was for ours.” digital exhibit curated by Arts Council for
guest; the email also details the new - Jean Bixby Smith & Barbara Bixby Long Beach intern Anthony Smyers, with
visitor code of conduct. Walk-up visitors Blackwell, Rancho Los Cerritos Board assistance from long-time RLC volunteer
Members
Kim Bemowski.
July 2020 11