Written by Ethan Paul, undergraduate student at the Pennsylvania State University
NYPD Officer Peter Liang is facing trial after being accused of recklessly shooting Akai Gurley in a dimly-lit stairwell in East New York on November 20th, 2015. Gurley, a 28-year old father, was taking the stairs to his apartment where Officer Liang claims he accidentally shot him. Gurley, an African-American, was unarmed. His death adds to the ever-growing count of unarmed minorities killed at the hands of police officers in
2015. According to the organization Mapping Police Violence, “unarmed black people were killed at 5x the rate of unarmed whites in 2015.” Liang, if convicted, faces up to 15 years in prison for manslaughter. It should be noted that Officer Liang is of Asian-American dissent, and thus makes this case unique relative to well-known cases of police brutality.
The case, however, is most intriguing in that, of the seven men and five women chosen as jurors, only one was African-American, with eight appearing to be Caucasian and three Latino. This poses questions regarding the way juries are chosen through voir dire and whether that adequately addresses both potential juror bias and the goal of forming a jury of one’s peers. Assembling a jury of one’s peers is an imperfect art, and as the NY Daily News reported,
It’s unclear if having fewer minorities on the panel was the result of a strategy by the defense or prosecutors in the racially charged case. According to the most recent U.S. Census information, 35.8% of Brooklynites are white, 35.2% are black and 19.5% are Hispanic.
The skewed racial composition of the jury could bias the jury deliberation, as some evidence (such as a was found in a 2006 Journal of Personality and Social Psychology study) suggests diverse juries deliberate more carefully. Moreover, a 2006 meta-analysis in Behavioral Sciences & the Law showed that a defendant’s race can influence juror sentencing decisions. Even if the jury deliberates carefully, however, a skewed jury still can create a public perception of bias (numerous examples exist, such as this reaction to a 2014 trial in Benton Harbor).
Opening statements are expected Monday.
[Editorial note: This post was the first from Ethan Paul, a student at Penn State who is helping with the blog in Spring 2016.]