• MISSION STATEMENT
  • TERMS
  • PRIVACY
The Occidental Observer
  • HOME
  • BLOG
  • SUBSCRIBE TOQ
  • CONTACT USPlease send all letters to the editor, manuscripts, promotional materials, and subscription questions to Editors@TheOccidentalObserver.net.
  • DONATE
  • Click to open the search input field Click to open the search input field Search
  • Menu Menu

Christopher Donovan: Smith v. Berghuis: The Black Defendant's Right to a Not Guilty Verdict

January 30, 2010/9 Comments/in Africans and African Americans, Costs of Multiculturalism, The Law/by Kevin MacDonald

Christopher Donovan: On Wednesday, the Supreme Court heard oral arguments in Smith v. Berghuis, quite possibly the most absurd lawsuit of the year.  Needless to say, the claim was racial discrimination. 

Equally needless to say, he’s got supporters in the media and among whites.

Diapolis Smith, a Black man, shot and killed Christopher Rumbley during a bar fight in Grand Rapids, Michigan in 1991.  He was convicted of second-degree murder.  On appeal, he claimed that he was denied a fair trial because the jury pool had too few Blacks. 

Get this:  The percentage of Blacks in the community was 7 percent.  For Smith’s jury pool, it was 6 percent. 

How this laughably trivial complaint makes it to the Supreme Court is a testament to the insanity of the multiracial society.  The slightest claim of racial discrimination — provided it’s lodged by a non-white — throws our whole administrative apparatus into a tailspin. 

Caselaw does say, however, that a criminal defendant is entitled to a jury pulled from a fair cross-section of the community.  This has been interpreted to mean that “identifiable groups” cannot be excluded. 

So, how were Blacks “excluded” from Smith’s jury pool?   A big sign declaring “no Blacks”?  An evil White racist jury administrator who tossed every other Black person? 

Not quite. 

Blacks, evidence showed, were more likely to be excused because they asked to be excused, often for child-care or transporation reasons. 

Or, they were kept off because of their felony records. 

In other words, the slightly lower number of Blacks was because of their own behavior, not because of any exclusionary intent.  And imagine if the court refused to excuse Blacks who complained that they couldn’t serve because of a lack of money — another lawsuit would have resulted.  Damned if you do, damned if you don’t.

But all of this is only one level of insanity — a level that assumes the “cross section of the community” demand is a legitimate one to begin with. 

The supporters of Black murderer Smith, interestingly, don’t seem to doubt the existence or importance of race, despite the constant left-wing assertion that “race does not exist” or is “only a social construct.”  As always, this argument only applies when it benefits non-Whites.  Just ask Sonia Sotomayor, who whipped hostile questions Michigan’s way — but of course found no fault with New Haven, Connecticut’s exclusion of White firefighters.  

Dig a little deeper, and you see that what Smith is really claiming is the right to be tried by fellow Blacks, not Whites.  Or at least as many Blacks as he can get on his jury. 

Dig deeper still, and you see that what he’s claiming is a right to be found “not guilty” — because he presumes that his racial brothers and sisters will side with him, the evidence be damned.  There’s simply no other reason for Blacks to demand that they be tried by fellow Blacks. 

Nevertheless, I am beginning to suspect that the dreaded “all-White jury” doesn’t sometimes acquit Black defendants for fear of being seen as “racist.”  If anyone’s got evidence of this, let me know.  

Despite the insanity of Smith v. Berghuis, I see almost no critical media coverage of this suit.  Look at the “friend of the court” briefs, and you’ll see plenty — filed for Smith.  One lonely brief takes Michigan’s side. 

It all makes me want to stand on a mountain and scream, “Can’t anyone see what’s going on here?” 

If it’s the case that Blacks are wrongly accused and convicted — or cannot be fairly judged but by fellow Blacks — then I have a solution:  racial separation.  Could it be any crazier than the status quo?

Bookmark and Share

Tags: Christopher Donovan
Share this entry
  • Share on Facebook
  • Share on X
  • Share on WhatsApp
  • Share on Pinterest
  • Share on LinkedIn
  • Share on Tumblr
  • Share on Vk
  • Share on Reddit
  • Share by Mail
https://www.theoccidentalobserver.net/wp-content/uploads/2018/06/TOO-Full-Logo-660x156-1.png 0 0 Kevin MacDonald https://www.theoccidentalobserver.net/wp-content/uploads/2018/06/TOO-Full-Logo-660x156-1.png Kevin MacDonald2010-01-30 07:53:362010-01-30 07:53:36Christopher Donovan: Smith v. Berghuis: The Black Defendant's Right to a Not Guilty Verdict
You might also like
Christopher Donovan: Attention, NRA Members: It Isn't Just 'Liberals' Out For Your Guns
Christoper Donovan: Hate-Fueled Black Mass Murderer in Connecticut Spun as 'Disgruntled Man' by Media
Christopher Donovan: Boys Choir of Harlem No More
Christopher Donovan: Overwhelmingly White
Christopher Donovan: The Media Eclipse That is Jon Stewart
Christopher Donovan: The USS LIberty: True Tales of the Jewish Memory Hole
Christopher Donovan: Frank Rich is Right About One Thing
Interracial Porn and the Canadian Power Elite
9 replies

Comments are closed.

RSS Feed Logo RSS Feed Logo Subscribeto RSS Feed

Kevin MacDonald on Mark Collett’s show reviewing Culture of Critique

James Edwards at the Counter-Currents Conference, Atlanta, 2022

Watch TOO Video Picks

video archives

DONATE

DONATE TO TOO

Follow us on Facebook

Keep Up To Date By Email

Subscribe to get our latest posts in your inbox twice a week.

Name

Email


Topics

Authors

Monthly Archives

RECENT TRANSLATIONS

All | Czech | Finnish | French | German | Greek | Italian | Polish | Portuguese | Russian | Spanish | Swedish

Blogroll

  • American Free Press
  • American Freedom Party
  • American Mercury
  • American Renaissance
  • Arktos Publishing
  • Candour Magazine
  • Center for Immigration Studies
  • Chronicles Magazine
  • Council of European Canadians
  • Counter-Currents
  • Curiales—Dutch nationalist-conservative website
  • Denmark's Freedom Council
  • Diversity Chronicle
  • Folktrove: Digital Library of the Third Way
  • Human Biodiversity Bibliography
  • Institute for Historical Review
  • Mondoweiss
  • Pat Buchanan
  • Paul Craig Roberts
  • Project Nova Europea
  • Red Ice
  • Richard Lynn
  • Rivers of Blood
  • Sobran's
  • The Occidental Quarterly Online
  • The Political Cesspool
  • The Raven's Call: A Reactionary Perspective
  • The Right Stuff
  • The Unz Review
  • VDare
  • XYZ: Australian Nationalist Site
NEW: Individualism and the Western Liberal Tradition

Also available at Barnes & Noble

Culture of Critique

Also available at Barnes & Noble

Separation and Its Discontents
A People That Shall Dwell Alone
© 2025 The Occidental Observer - powered by Enfold WordPress Theme
  • Link to X
  • Link to Dribbble
Scroll to top Scroll to top Scroll to top

By continuing to browse the site, you are legally agreeing to our use of cookies and general site statistics plugins.

CloseLearn more

Cookie and Privacy Settings



How we use cookies

We may request cookies to be set on your device. We use cookies to let us know when you visit our websites, how you interact with us, to enrich your user experience, and to customize your relationship with our website.

Click on the different category headings to find out more. You can also change some of your preferences. Note that blocking some types of cookies may impact your experience on our websites and the services we are able to offer.

Essential Website Cookies

These cookies are strictly necessary to provide you with services available through our website and to use some of its features.

Because these cookies are strictly necessary to deliver the website, refusing them will have impact how our site functions. You always can block or delete cookies by changing your browser settings and force blocking all cookies on this website. But this will always prompt you to accept/refuse cookies when revisiting our site.

We fully respect if you want to refuse cookies but to avoid asking you again and again kindly allow us to store a cookie for that. You are free to opt out any time or opt in for other cookies to get a better experience. If you refuse cookies we will remove all set cookies in our domain.

We provide you with a list of stored cookies on your computer in our domain so you can check what we stored. Due to security reasons we are not able to show or modify cookies from other domains. You can check these in your browser security settings.

Other external services

We also use different external services like Google Webfonts, Google Maps, and external Video providers. Since these providers may collect personal data like your IP address we allow you to block them here. Please be aware that this might heavily reduce the functionality and appearance of our site. Changes will take effect once you reload the page.

Google Webfont Settings:

Google Map Settings:

Google reCaptcha Settings:

Vimeo and Youtube video embeds:

Privacy Policy

You can read about our cookies and privacy settings in detail on our Privacy Policy Page.

Privacy Policy
Accept settingsHide notification only