I am not sure why I think this is a good thing, but apparently, according to this New York Times story, at least in California, prosecuting attorneys regularly get Jews excluded from juries in death penalty cases. These lawyers perceive both Jews and African American women as inimical to sending defendants to be executed. The weird part of this story is that a defendant is appealing his conviction on the grounds that a Jewish judge told a prosecuting attorney to exclude Jews from the jury. The lawyer who is accusing the judge quoted their conversation this way:
"He said I could not have a Jew on the jury and asked me if I was aware that when Adolf Eichmann was apprehended after World War II there was a major controversy in Israel over whether he should be executed," Mr. Quatman said in his declaration. "Judge Golde said no Jew would vote to send a defendant to the gas chamber. I thanked Judge Golde for his advice and thereafter excused any prospective juror who was Jewish."
One of Judge Golde's two sons, Matthew, is a deputy district attorney in Alameda. The other, Ivan, is a lawyer in Oakland. Both said they were suspicious of Mr. Quatman's timing, because their father was not able to defend himself. The Goldes said their father was opposed to the death penalty, in part because of Jewish religious teachings. He was a member of Temple Sinai in Oakland.
"It is something he had to philosophically struggle with and come to grips with," Matthew Golde said. "I remember having conversations with him about it. He felt it was his duty as a judge."
The sad thing is that this judge might really have given this advice. He mentored attorneys, and apparently this is an accepted practice:
The review found, 17 people who had surnames perceived as Jewish were called, with the prosecution excluding 15 . Over all, the review found non-Jews excluded at a rate of 49.97 percent, and Jews and people with Jewish surnames were excluded at a rate of 93.10 percent.
I feel a perverse pride to be part of a group that is discriminated against for being too merciful. I don't know if that is the only Jewish value that is expressed in Jews' perceived opposition to the death penalty. Maybe we are more doubtful of the certainty of guilt, or maybe we value human life more than other people. Religious Jews believe that human beings are made in the Divine Image. Secular Jews and even Jews who barely know anything about our religious tradition share a memory of being judged unfairly both inside and outside of courtrooms, executed legally or illegally with the support of the local law enforcement. This is something that we share with African American women. Or maybe it is our shared sense that human beings can repent, or that life is the absolute value.
Anyway I'm proud that these racist fools think I oppose the death penalty just based on my name or my appearance. If I am going to be prejudged in any way, I prefer to be prejudged kinder, more humane and less murderous.
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