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Started By
Message
re: Law proposed to require unanimous decision for felonies
Posted on 4/5/18 at 11:10 am to LSURussian
Posted on 4/5/18 at 11:10 am to LSURussian
I think that was more of a knowing snicker...
0
Posted on 4/5/18 at 11:10 am to LSURussian
And let's not forget...the jury still can come back with responsive verdicts. So they may not agree with 2nd degree murder (say 10-2), but could come back with manslaughter (12-0).
Posted on 4/5/18 at 11:11 am to LSURussian
quote:
Why is that funny? There is frequent news articles about how underfunded various public defender offices are. What does that mean? It means there will be increased demand for additional money for public defenders.
If public defenders want more money they should defend innocent people that have jobs instead of broke scumbag criminals
Posted on 4/5/18 at 11:13 am to LSURussian
quote:
Why is that funny?
because LA's PDO is so severely underfunded that it's just funny to think they'd spend more money on them at any point
quote:
It means there will be increased demand for additional money for public defenders.
which won't happen
the DAs and Sheriffs are too powerful to let that happen. they've created an effectively unconstitutional system in LA and I'm shocked that a federal court hasn't delivered a severe, punitive decree. the DAs and Sheriffs have to have a steady flow of criminals and prisoners to justify their inflated budgets and public fiefdoms. they have neutered effective (and constitutionally mandated), public defense to the point of being unethical in most jurisdictions. their entire power structure relies on maintaining this severe imbalance to basically deny effective assistance of counsel to the majority of our poulation
they don't give up the gravy train now. you think they're going to do that AFTER they suffer this loss? they're going to strangle the various PDOs even more to neuter this change (if it happens)
Posted on 4/5/18 at 11:13 am to TH03
quote:
I love that you still use that gif and no one else stole it from you.
Posted on 4/5/18 at 11:17 am to Styxion
quote:
the non-unanimous jury policy began to minimize power of African-American jurors and maintain white supremacy in Louisiana
shite I guess alabama is progressive now. And Oregon is ABSOLUTELY one of the most liberal places on the planet while louisiana is, I believe, the most republican. So...no.
Posted on 4/5/18 at 11:18 am to 19
quote:
What vote is required for acquittal vs hung jury?
it's the same either way
10/12 must agree to convict or acquit in a 12-person jury
LINK
quote:
A. Cases in which punishment may be capital shall be tried by a jury of twelve jurors, all of whom must concur to render a verdict. Cases in which punishment is necessarily confinement at hard labor shall be tried by a jury composed of twelve jurors, ten of whom must concur to render a verdict. Cases in which the punishment may be confinement at hard labor shall be tried by a jury composed of six jurors, all of whom must concur to render a verdict.
Posted on 4/5/18 at 11:19 am to Barbellthor
quote:
And Oregon is ABSOLUTELY one of the most liberal places on the planet while louisiana is, I believe, the most republican. So...no.
Oregon has a very, very racist past
LINK
quote:
When Oregon was granted statehood in 1859, it was the only state in the Union admitted with a constitution that forbade black people from living, working, or owning property there. It was illegal for black people even to move to the state until 1926. Oregon’s founding is part of the forgotten history of racism in the American west.
Posted on 4/5/18 at 11:21 am to SlowFlowPro
More proof that lawyers have it rough.
quote:
Baton Rouge attorney Gordon McKernan is expanding his law offices, having purchased a building on Constitution Avenue for $515,000 in a deal that closed Tuesday.
McKernan also is planning to open a new office in Lake Charles, roughly 18 months after he began advertising there. That deal is expected to close Friday, he says.
Posted on 4/5/18 at 11:22 am to doubleb
quote:
Gordon McKernan
has nothing to do with a discussion on criminal law
Posted on 4/5/18 at 11:28 am to Areddishfish
I know this has been said several times, but it needs repeating.
LA is only one of TWO states allows non-unanimous jury verdicts in felony trials.
And, LA is THE ONLY STATE that allows non-unanimous jury verdicts in murder trials.
LA has the highest incarceration rate in the country.
LA is one of the poorest states, high crime rate, low education in the country - if we are not the highest in each of those categories, we are damn close.
There is absolutely nothing - nothing - about LA's criminal justice system that works so well that we should be doing it differently from 48/49 other states.
Of course, I would have taken a different tact... instead of changing it in the constitution, i would have removed it from the constitution. Let the legislature decide (and I hope they would decide 12/12).
LA is only one of TWO states allows non-unanimous jury verdicts in felony trials.
And, LA is THE ONLY STATE that allows non-unanimous jury verdicts in murder trials.
LA has the highest incarceration rate in the country.
LA is one of the poorest states, high crime rate, low education in the country - if we are not the highest in each of those categories, we are damn close.
There is absolutely nothing - nothing - about LA's criminal justice system that works so well that we should be doing it differently from 48/49 other states.
Of course, I would have taken a different tact... instead of changing it in the constitution, i would have removed it from the constitution. Let the legislature decide (and I hope they would decide 12/12).
Posted on 4/5/18 at 11:28 am to doubleb
What does Gordon McKernan have to do with the conversation that we're having in this thread?
Posted on 4/5/18 at 11:29 am to LSUFanHouston
quote:
LA is only one of TWO states allows non-unanimous jury verdicts in felony trials.
And, LA is THE ONLY STATE that allows non-unanimous jury verdicts in murder trials.
that's why i had to laugh so hard that a comment on page one said it would be a bad "precedent" if we changed
bitch, our non-unanimous system is the precedent/outlier
Posted on 4/5/18 at 11:29 am to doubleb
Texas may be even more blue state than La, allowing juries to determine penalty in DP cases.
Posted on 4/5/18 at 11:30 am to SlowFlowPro
quote:
that's why i had to laugh so hard that a comment on page one said it would be a bad "precedent" if we changed
The DA's Association isnt even publicly fighting a change to unanimous
Posted on 4/5/18 at 11:30 am to SlowFlowPro
quote:
I'm shocked that a federal court hasn't delivered a severe, punitive decree.
I think a conservative court is very unlikely to throw out a century old state constitutional provision that only impacts one or two states.
Posted on 4/5/18 at 11:31 am to LSUFanHouston
quote:
I think a conservative court is very unlikely to throw out a century old state constitutional provision that only impacts one or two states.
that comment was re: our PDO calamity, not the non-unanimous jury issue (that's legal and has been litigated)
Posted on 4/5/18 at 11:31 am to Ash Williams
quote:
The DA's Association isnt even publicly fighting a change to unanimous
They originally voted to fight it in the legislature, then backed off.
My guess is they most certainly will fight it if the amendment makes it to the ballot.
Posted on 4/5/18 at 11:31 am to Ash Williams
quote:
The DA's Association isnt even publicly fighting a change to unanimous
oh shite. i just assumed they would since they fight anything
Posted on 4/5/18 at 11:32 am to LSUFanHouston
quote:
My guess is they most certainly will fight it if the amendment makes it to the ballot.
Charles Koch may drop some coin down here for that vote
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