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Unanimous Juries- How ya votin and why?

Posted on 10/26/18 at 9:59 am
Posted by The Johnny Lawrence
Member since Sep 2016
2211 posts
Posted on 10/26/18 at 9:59 am
I've been on the fence all week. I've reached out to a bunch of people to get their takes in an effort to formulate my opinion. Figured I'd get the opinions of the Board, as well.
Posted by SCLibertarian
Conway, South Carolina
Member since Aug 2013
40829 posts
Posted on 10/26/18 at 10:02 am to
How non-unanimous juries in criminal trials survive constitutional scrutiny is beyond me. The presence of 1 or 2 jurors out of 12 who vote not guilty seems to be the definition of reasonable doubt.
Posted by LSURussian
Member since Feb 2005
133439 posts
Posted on 10/26/18 at 10:02 am to
I'm voting no as a a result of my personal experience being on a criminal case jury.

A jury voting 10-2 to convict on non-capital offense cases is okay with me.
Posted by lsursb
Baton Rouge
Member since Jan 2004
12064 posts
Posted on 10/26/18 at 10:03 am to
I am voting no.
Posted by LSURussian
Member since Feb 2005
133439 posts
Posted on 10/26/18 at 10:04 am to
quote:

The presence of 1 or 2 jurors out of 12 who vote not guilty seems to be the definition of reasonable doubt.
Nah, there could be 1 or 2 jurors who don't base their opinion on the evidence but on emotions instead.
Posted by WildTchoupitoulas
Member since Jan 2010
44071 posts
Posted on 10/26/18 at 10:04 am to
Apparently it works in 96% of the states. Why wouldn't it work in Louisiana?

Why does Louisiana have to be different?
Posted by GnashRebel
Member since May 2015
8728 posts
Posted on 10/26/18 at 10:05 am to
I prefer unanimous juries
Posted by The Johnny Lawrence
Member since Sep 2016
2211 posts
Posted on 10/26/18 at 10:10 am to
"Because 48 other States do it" isn't a reason to do it, imo.

It is a reason not to worry about what would happen if we went to unanimous juries.

I just don't love doing something because other people or States have done it without first analyzing the underlying reasons it is better or more appropriate.
Posted by The Johnny Lawrence
Member since Sep 2016
2211 posts
Posted on 10/26/18 at 10:12 am to
Care to expound on your experience?

I've spoken with someone who has served on a 10-2 jury and they have the same opinion. I don't think the jury process is one that is easy to grasp until you've dealt with it in some form or capacity.
Posted by AllemanWC
Bayou Corne
Member since Jan 2015
989 posts
Posted on 10/26/18 at 10:16 am to
I’ve served on a jury twice. Stunning why people vote the way they do.

First time serving was a murder trial. Video of defendant being interrogated is shown. He lays out entire story start to finish. Easy guilty. This guy votes not guilty because a woman who helped set up dead guy got immunity for testifying. He said he she’s not going to jail then the other guy won’t either if he can help it.

Second was a murder also. 5 people testified to witnessing defendant shoot dead guy. Easy guilty again. Guy votes not guilty because he says there are too many black folks in prison and he wasn’t going to send another one to prison. Other jury members asked if he thought the guy was guilty. He laughed and said hell yes but I’m not sending him to prison.

I don’t favor unanimous juries for these reasons.
Posted by ynlvr
Rocket City
Member since Feb 2009
5275 posts
Posted on 10/26/18 at 10:16 am to
I've had the same experience. One stand out juror would simply not accept the facts. The one juror apparently had preconceived findings not based on fact when 11 others easily agreed the evidence was clearly enough to remove all doubt. A travesty averted with the non-unanimous jury system.
Posted by AlxTgr
Kyre Banorg
Member since Oct 2003
86295 posts
Posted on 10/26/18 at 10:17 am to
quote:

The presence of 1 or 2 jurors out of 12 who vote not guilty seems to be the definition of reasonable doubt.

This makes zero sense.
Posted by Joshjrn
Baton Rouge
Member since Dec 2008
31411 posts
Posted on 10/26/18 at 10:17 am to
Already voted yes. My reasons can be found at length here:

LINK

Since then, multiple state DAs have come out in support, which I find further persuasive: LINK
Posted by 91TIGER
Lafayette
Member since Aug 2006
19240 posts
Posted on 10/26/18 at 10:18 am to
quote:

A jury voting 10-2 to convict on non-capital offense cases is okay with me.




This
Posted by TigerVespamon
Member since Dec 2010
7383 posts
Posted on 10/26/18 at 10:18 am to
The Supreme Court consist of 9 justices (jurors). Cases before the court are decided with a minimum of 5 out 9 jurors in agreement. 5 to 4 majorities at the Supreme Court have sent people to the death chamber.

The US Constitution does not require 12 person juries, nor does it require unanimous agreement among a jury for a guilty verdict.
Posted by Joshjrn
Baton Rouge
Member since Dec 2008
31411 posts
Posted on 10/26/18 at 10:21 am to
quote:

The Supreme Court consist of 9 justices (jurors). Cases before the court are decided with a minimum of 5 out 9 jurors in agreement. 5 to 4 majorities at the Supreme Court have sent people to the death chamber.



This betrays an almost staggering lack of understanding of the burdens and standards at play. Criminal jury trials != civil jury trials != appellate courts
Posted by bengalfan50
Louisiana
Member since Mar 2009
2677 posts
Posted on 10/26/18 at 10:22 am to
No...
Posted by Bard
Definitely NOT an admin
Member since Oct 2008
57719 posts
Posted on 10/26/18 at 10:22 am to
quote:

I've been on the fence all week. I've reached out to a bunch of people to get their takes in an effort to formulate my opinion. Figured I'd get the opinions of the Board, as well.




The wife has served on a jury where the evidence was overwhelming but one a-hole absolutely refused to convict. That sort of shite is why I am fine with keeping the law as it is.
Posted by TigerVespamon
Member since Dec 2010
7383 posts
Posted on 10/26/18 at 10:27 am to
quote:

Criminal jury trials != civil jury trials != appellate courts
Please elaborate.
Posted by NYNolaguy1
Member since May 2011
21689 posts
Posted on 10/26/18 at 10:27 am to
Its supposed to be difficult to convict someone, and someone voting no tells me theres reasonable doubt. 12 angry men is a great story about that.
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