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Posted by
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non-unaminous criminal jury verdicts - should we continue to allow them?
Posted by SpidermanTUba on 9/11/14 at 6:45 am05
Only two states allow non-unanimous criminal jury verdicts - Louisiana and Oregon. Here you can be convicted "beyond a reasonable doubt" by only 10 of 12 jurors. Conversely - you can also be acquitted by only 10 of 12 jurors.
Is this the way we should be doing things?
Is this the way we should be doing things?
re: non-unaminous criminal jury verdicts - should we continue to allow them?Posted by Ace Midnight on 9/11/14 at 6:53 am to SpidermanTUba
quote:
Is this the way we should be doing things?
No problems in however many years.
You should know it requires 12/12 to impose the death penalty.
re: non-unaminous criminal jury verdicts - should we continue to allow them?Posted by HubbaBubba on 9/11/14 at 6:54 am to SpidermanTUba
Worried?
re: non-unaminous criminal jury verdicts - should we continue to allow them?Posted by C on 9/11/14 at 6:54 am to SpidermanTUba
Does the defendant have to agree to that type of jury or is it just certain types of charges where it applies
This post was edited on 9/11 at 6:55 am
re: non-unaminous criminal jury verdicts - should we continue to allow them?Posted by Ace Midnight on 9/11/14 at 7:02 am to C
quote:
Does the defendant have to agree to that type of jury or is it just certain types of charges where it applies
Well - in Louisiana, you're going to get a petit jury of 12 members for all felonies at district court. Certain misdemeanors can be tried to the judge, alone.
(ETA: Other than in capital cases, a defendant can waive the jury. I'm not sure if that answers your question.)
This post was edited on 9/11 at 7:05 am
re: non-unaminous criminal jury verdicts - should we continue to allow them?Posted by LSUTigersVCURams on 9/11/14 at 7:17 am to SpidermanTUba
Here's an idea, don't commit any crimes.
re: non-unaminous criminal jury verdicts - should we continue to allow them?Posted by FalseProphet on 9/11/14 at 7:17 am to Ace Midnight
quote:
No problems in however many years
What does that mean? What do you define as a problem?
quote:
You should know it requires 12/12 to impose the death penalty.
And only 10/12 to significantly restrict an individual's liberty.
re: non-unaminous criminal jury verdicts - should we continue to allow them?Posted by FalseProphet on 9/11/14 at 7:19 am to LSUTigersVCURams
quote:
Here's an idea, don't commit any crimes.
I'm willing to bet you commit at least one a day.
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re: non-unaminous criminal jury verdicts - should we continue to allow them?Posted by Politiceaux on 9/11/14 at 7:35 am to SpidermanTUba
I recently observed an aggravated rape trial in which semen collected from the victim's vagina had a one in six trillion chance of coming from someone other than the defendant. There were no other contributors. The defense's strategy was to openly admit to the jury that the crime was an aggravated rape but that the defendant wasn't the perp.
Thankfully, the defendant (who was a serial rapist) was convicted. However, the verdict was not unanimous - it was 11 of 12. One juror had no interest in paying attention to the trial and voted not guilty.
Is one in six trillion reasonable doubt, in your opinion?
I watched another recently in which two out of 12 jurors voted not guilty on possession of cocaine and MDMA when it was found on the person of the defendant.
Reasonable doubt?
Thankfully, the defendant (who was a serial rapist) was convicted. However, the verdict was not unanimous - it was 11 of 12. One juror had no interest in paying attention to the trial and voted not guilty.
Is one in six trillion reasonable doubt, in your opinion?
I watched another recently in which two out of 12 jurors voted not guilty on possession of cocaine and MDMA when it was found on the person of the defendant.
Reasonable doubt?
This post was edited on 9/11 at 7:38 am
re: non-unaminous criminal jury verdicts - should we continue to allow them?Posted by Quidam65 on 9/11/14 at 7:35 am to SpidermanTUba
quote:
Is this the way we should be doing things?
I can't say "we" since I don't live in Louisiana, but if a case is really that solid 12/12 shouldn't be that difficult.
Must be lingering effects of the full moon this week but I'm in agreement with Spidey on this one.
re: non-unaminous criminal jury verdicts - should we continue to allow them?Posted by LordSaintly on 9/11/14 at 7:36 am to FalseProphet
quote:
I'm willing to bet you commit at least one a day.
Most people do
re: non-unaminous criminal jury verdicts - should we continue to allow them?Posted by Politiceaux on 9/11/14 at 7:40 am to FalseProphet
quote:Most people don't commit one felony with any regularity, which is the topic of the thread.
I'm willing to bet you commit at least one a day.
re: non-unaminous criminal jury verdicts - should we continue to allow them?Posted by Sentrius on 9/11/14 at 7:41 am to LSUTigersVCURams
quote:
Here's an idea, don't commit any crimes.
Why do people say this time and time again when discussing a problem/issue with the criminal justice system against the prosecution and jury? It's the laziest argument ever and seeking to keep the status quo.
You commit a crime at least 4-5 times a week btw.
quote:
Is this the way we should be doing things?
Yes because there's always at least 1 person on the jury that's either:
1 - an idiot
2 - has an agenda
3 - didn't attend the trial but showed up in time to vote
4 - is getting paid off
re: non-unaminous criminal jury verdicts - should we continue to allow them?Posted by TigerintheNO on 9/11/14 at 8:19 am to Wtodd
quote:
Yes because there's always at least 1 person on the jury that's either:
1 - an idiot
2 - has an agenda
3 - didn't attend the trial but showed up in time to vote
4 - is getting paid off
Their agenda might be to stay alive.
I was on a murder trial just over a year ago, in New Orleans. All 12 of us knew he was guilty, but there were a few jurors who did not want the verdict to be unanimous. I'm not trying to sterotype my fellow jurors, but I doubt they lived in a neighborhood similar to mine. The final vote was 11-1, and the juror that voted not to convict, she knew what she was doing. Not a doubt in my mind that had she been the deciding vote, she would have voted guilty.
re: non-unaminous criminal jury verdicts - should we continue to allow them?Posted by FalseProphet on 9/11/14 at 8:43 am to Politiceaux
quote:
Most people don't commit one felony with any regularity, which is the topic of the thread.
Eh, he said any crime.
By the way, why the hell do we require unanimous votes for 6 member misdemeanor panels and not for felonies?
re: non-unaminous criminal jury verdicts - should we continue to allow them?Posted by Ace Midnight on 9/11/14 at 8:48 am to FalseProphet
quote:
By the way, why the hell do we require unanimous votes for 6 member misdemeanor panels and not for felonies?
That is a good question, and the best answer is - less room for error with 6 than with 12.
Although, it does seem counterintuitive to require 6 out of 6 for disturbing the peace (for example) and 10 out of 12 for manslaughter.
My only real criminal experience was a brief stint as a special assistant district attorney. My main job was to try to keep a convicted public official in jail for my boss, when everybody else wanted her out and kept letting her out.
This post was edited on 9/11 at 11:16 am
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