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Brett Kavanaugh is certain a Louisiana law is rooted in racism.

Posted on 10/8/19 at 9:36 am
Posted by ATrillionaire
Houston
Member since Sep 2008
3527 posts
Posted on 10/8/19 at 9:36 am
LINK

quote:

The Supreme Court heard arguments Monday on the constitutionality of a Louisiana law that allows criminal convictions based on jury verdicts that aren’t unanimous.

Justice Brett Kavanaugh pointed out that the Louisiana law had racist roots. He noted that there were two “practical reasons” to overrule the precedent the state relied on. One was unfairness to defendants who may well have a constitutional right to a unanimous jury, and the other was the law’s apparently racist intent.

“The rule in question here is rooted in a—in racism, you know, rooted in a desire, apparently, to diminish the voices of black jurors,” the justice told the state’s solicitor general, Elizabeth Murrill.
This post was edited on 10/8/19 at 9:41 am
Posted by LSUtwolves
Member since Jun 2016
1111 posts
Posted on 10/8/19 at 9:39 am to
title gore
Posted by ATrillionaire
Houston
Member since Sep 2008
3527 posts
Posted on 10/8/19 at 9:40 am to
quote:

title gore



fixed
Posted by WHS
walker LA.
Member since Feb 2006
3525 posts
Posted on 10/8/19 at 9:41 am to
quote:

Brett Kavanaugh is certain a Louisiana law is rooted in racism.


I dont understand why the Dems hated Kavanaugh so much??
This post was edited on 10/8/19 at 9:42 am
Posted by TBoy
Kalamazoo
Member since Dec 2007
29123 posts
Posted on 10/8/19 at 9:41 am to
The historical record is pretty clear, and Kavanaugh is correct to note it. Does anyone think this isn't the case?
Posted by SuperSaint
Sorting Out OT BS Since '2007'
Member since Sep 2007
151554 posts
Posted on 10/8/19 at 9:42 am to
He isn’t lying


Same with the similar law in Oregon
Posted by 337Tigah
Premium Access
Member since Aug 2014
2563 posts
Posted on 10/8/19 at 9:43 am to
Years ago I would be inclined to agree with him. These days, not so much. There's a lot to this.
Posted by SCLibertarian
Conway, South Carolina
Member since Aug 2013
42668 posts
Posted on 10/8/19 at 9:43 am to
quote:

I dont understand why the Dems hated Kavanaugh so much??

Abortion
Posted by Loup
Ferriday
Member since Apr 2019
17684 posts
Posted on 10/8/19 at 9:44 am to
I guess it is tough for a lot of folks to acknowledge because doing so is admitting there is still some institutional racism. I don't think it is nearly as bad as what left claims, but to deny it exists at all doesn't seem to jibe.
This post was edited on 10/8/19 at 11:10 am
Posted by Fonzarelli
Dallas
Member since Jan 2015
4103 posts
Posted on 10/8/19 at 9:45 am to
quote:

I dont understand why the Dems hated Kavanaugh so much??


Orange Man
Posted by NIH
Member since Aug 2008
124913 posts
Posted on 10/8/19 at 9:46 am to
The only racism I know is up north!

*tucks PFG into jeans
Posted by BMouzone
Member since Jan 2017
480 posts
Posted on 10/8/19 at 9:47 am to
It is objectively true that racism is the reason for that law’s inception. Whether it’s the reason we kept it for so long is debatable, but he didn’t say the law was racist or that Louisiana is racist. He said one of our laws was “rooted in” racism. Some of y’all are such babies.
Posted by TBoy
Kalamazoo
Member since Dec 2007
29123 posts
Posted on 10/8/19 at 9:48 am to
quote:

Years ago I would be inclined to agree with him. These days, not so much. There's a lot to this.


Whether you "agreed" years ago or today, we are discussing a historical fact. Historical facts, like trees, don't care if you believe in them.
Posted by 777Tiger
Member since Mar 2011
93541 posts
Posted on 10/8/19 at 9:48 am to
quote:

Years ago I would be inclined to agree with him. These days, not so much. There's a lot to this.


yeah, I'm sure there are things in state constitutions skewed in that direction that remain probably because they are practically dormant, unless lawmakers go in and gut it and rewrite it, they'll stay there, didn't Al recently release a lifer because they repealed an old habitual offender sentencing guideline that was deemed to be too harsh(racist?)
Posted by SCLibertarian
Conway, South Carolina
Member since Aug 2013
42668 posts
Posted on 10/8/19 at 9:50 am to
quote:

I guess it is tough for a lot of folks to acknowledge because doing so is admitting there is still some institutional racism.

I don't think it's as much institutional racism anymore as much as it is laziness. In any other jurisdiction in the country besides LA and OR, when a hung jury occurs and the vote is 11-1 or 10-2, there are a lot of considerations in deciding what to do moving forward. Do you retry the case? Do you plea out knowing the Defendant has the leverage? In LA, prosecutors aren't faced with those problems in the situation above. And it's not like there aren't parishes in LA with an African American majority population and power structure. Guess what? Those African American prosecutors and law enforcement officers support keeping the non-unanimous system as well.
Posted by TBoy
Kalamazoo
Member since Dec 2007
29123 posts
Posted on 10/8/19 at 9:52 am to
quote:

Whether it’s the reason we kept it for so long is debatable, but he didn’t say the law was racist or that Louisiana is racist.


Historical facts aside, allowing non-unanimous criminal jury verdicts makes it easier to get convictions. In today's world, easier is better, right? I don't think that racism is the reason we held on to easier convictions, even though racism was the historical reason for the rule.
Posted by Boston911
Lafayette
Member since Dec 2013
2596 posts
Posted on 10/8/19 at 9:54 am to
While I understand and agree that it was probably historically rooted in racism, where’s justice for the people today when one holdout can let someone free? I mean really, if you have a fair jury selection and 10 out of 12 say guilty, is that not enough?
Posted by 777Tiger
Member since Mar 2011
93541 posts
Posted on 10/8/19 at 9:55 am to
quote:

if you have a fair jury selection and 10 out of 12 say guilty, is that not enough?


takes a lot less % to elect the POTUS, just sayin'
Posted by SCLibertarian
Conway, South Carolina
Member since Aug 2013
42668 posts
Posted on 10/8/19 at 9:57 am to
quote:

 I mean really, if you have a fair jury selection and 10 out of 12 say guilty, is that not enough?

If 1 out of 6 jurors believe the state hasn't proven its case beyond a reasonable doubt, I could not in good conscience approve of sending the Defendant to prison.
Posted by Stexas
SWLA
Member since May 2013
7135 posts
Posted on 10/8/19 at 9:58 am to
WTF are we still talking about this for? They put a law on the books last year that did away with non-unanimous juries.
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