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My explanation for voting against having a unanimous jury

Posted on 11/6/18 at 9:20 am
Posted by Wayne Kenoff
Member since Sep 2018
540 posts
Posted on 11/6/18 at 9:20 am
When I was in college I worked for a retail store at Tanger Outlet Mall in Gonzales.

One day, a black guy walked into the store, slipped into the stockroom while nobody was looking and I saw him walk out with his baggy pants FULL of clothes from the back.

At the same time, everyone else saw him too. We couldn't legally stop him so we just watched him as he walked out then called the cops.

When the cops arrived they asked for a description of him. I, along with every employee who saw him, along with MULTIPLE customers (most of whom were also black) all told the cops he was a black male and what he was wearing.

Then, one employee who had a huge reputation for being very, very racist, told the cops "Nah uh, that man wasn't black. I'm telling y'all he wasn't black. I don't know why everyone is saying he was, they must be racist or something but he wasn't black".




I don't want to have a unanimous jury for felony convictions because it's always possible that some racist Louisianian is on that jury, whether they're black or white, that could hold up a conviction just due to race.

I'm not having that.
Posted by tiger1014
Member since Jan 2011
12508 posts
Posted on 11/6/18 at 9:22 am to
Oh so you’d rather innocent people go to prison than an anomaly letting an obviously guilty person go free rarely.

Makes perfect sense
Posted by Powerman
Member since Jan 2004
162190 posts
Posted on 11/6/18 at 9:22 am to
We have one of the highest per capita prison populations in the world

If you think that one of America's vexing problems is not enough convictions you've got life all fricked up
Posted by Mr.Perfect
Louisiana
Member since Mar 2013
17438 posts
Posted on 11/6/18 at 9:22 am to
Yuuuup


Just takes one.

Remember, the defendant can appeal. The state can't retry.
Posted by VermilionTiger
Member since Dec 2012
37564 posts
Posted on 11/6/18 at 9:23 am to
Sorry,

I prefer people like that getting out, rather than people that are innocent going in.
Posted by Wayne Kenoff
Member since Sep 2018
540 posts
Posted on 11/6/18 at 9:25 am to
quote:

Just takes one.

Remember, the defendant can appeal. The state can't retry.

Exactly. There's a system in place for wrongly convicted citizens. There's also a law in place against retrying people.

I'd rather the state pay a settlement to a wrongly convicted person after they get exonerated than have a guilty person roaming the streets, unable to be tried again.
Posted by N.O. via West-Cal
New Orleans
Member since Aug 2004
7178 posts
Posted on 11/6/18 at 9:25 am to
just takes one for a hung jury, and the state can retry.
Posted by BlackHelicopterPilot
Top secret lab
Member since Feb 2004
52833 posts
Posted on 11/6/18 at 9:25 am to
1) Eyewitness testimony is the one of the WORST kinds of evidence

2) Jury Verdict =/= "eyewitness account agreement"




Posted by Flavius Belisarius
Member since Feb 2016
810 posts
Posted on 11/6/18 at 9:26 am to
I’m fine with a shoplifter walking free (the bill is for felonies btw, not sure if your example would count) if it decreases the likelihood of an innocent person being incarcerated. Depriving one of their freedom is literally the worst thing the state can do to an individual. They have the monopoly of force and resources, we should make it as hard for the state as possible.
Posted by Bjorn Cyborg
Member since Sep 2016
26639 posts
Posted on 11/6/18 at 9:27 am to
quote:

We have one of the highest per capita prison populations in the world

If you think that one of America's vexing problems is not enough convictions you've got life all fricked up


We have a problem with incarcerating too many people for low level and non-violent crimes.

We also have a problem with solving and convicting violent crimes at an acceptable rate.

These two concepts are not mutually exclusive.

Posted by Wayne Kenoff
Member since Sep 2018
540 posts
Posted on 11/6/18 at 9:27 am to
quote:

1) Eyewitness testimony is the one of the WORST kinds of evidence

2) Jury Verdict =/= "eyewitness account agreement"

My point is that it just takes one racist person to refuse to convict an obviously guilty party just based on race. Whether they're white or black -- racism exists in all races.
Posted by Joshjrn
Baton Rouge
Member since Dec 2008
26975 posts
Posted on 11/6/18 at 9:27 am to
quote:

Remember, the defendant can appeal.


And almost certainly fail, because the standard is so high.

quote:

The state can't retry.


Wrong. A hung jury is a mistrial, not an acquittal. The State can try the case as many times as necessary to get a verdict.
Posted by NYNolaguy1
Member since May 2011
20868 posts
Posted on 11/6/18 at 9:28 am to
quote:

I don't want to have a unanimous jury for felony convictions because it's always possible that some racist Louisianian is on that jury, whether they're black or white, that could hold up a conviction just due to race.


Jury nullification is a part of the jury process.

If you fear that then your problem is with the jury process not the jury itself.

I like to think it should be difficult to convict someone, and that asking more of govt is the responsibility of every citizen.
Posted by Placebeaux
Bobby Fischer Fan Club President
Member since Jun 2008
51852 posts
Posted on 11/6/18 at 9:30 am to
quote:

We have one of the highest per capita prison populations in the world



Easy fix. Three strike rule. After three frick ups you dont get life in prison, you dont get the death penalty, you lose your citizenship and we drop you off in third world Africa. Good luck.
Posted by NYNolaguy1
Member since May 2011
20868 posts
Posted on 11/6/18 at 9:30 am to
quote:

Exactly. There's a system in place for wrongly convicted citizens. There's also a law in place against retrying people.


"Let the system figure it out" what could go wrong?

Lots of small govt conservatives in here today.
Posted by HoopyD
Member since Nov 2004
3267 posts
Posted on 11/6/18 at 9:30 am to
Lesser crimes such as felony theft require a 6 person jury, all of which must agree on the verdict. That's always been the case. The proposed amendment doesn't change that.
Posted by CarrolltonTiger
New Orleans
Member since Aug 2005
50291 posts
Posted on 11/6/18 at 9:36 am to
quote:

We have one of the highest per capita prison populations in the world


Among functional countries that have working judicial systems and have accurate records we have the most diversity. Our diversity has a very high propensity to crime.

Convicting criminals isn't racist.
Posted by Joshjrn
Baton Rouge
Member since Dec 2008
26975 posts
Posted on 11/6/18 at 9:38 am to
quote:

Lesser crimes such as felony theft require a 6 person jury, all of which must agree on the verdict. That's always been the case. The proposed amendment doesn't change that.


Factually correct.
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