Page 1
Page 1
Started By
Message
locked post

non-unaminous criminal jury verdicts - should we continue to allow them?

Posted on 9/11/14 at 6:45 am
Posted by SpidermanTUba
my house
Member since May 2004
36128 posts
Posted on 9/11/14 at 6:45 am
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?
Posted by Ace Midnight
Between sanity and madness
Member since Dec 2006
89483 posts
Posted on 9/11/14 at 6:53 am to
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.
Posted by HubbaBubba
F_uck Joe Biden, TX
Member since Oct 2010
45710 posts
Posted on 9/11/14 at 6:54 am to
Worried?
Posted by C
Houston
Member since Dec 2007
27817 posts
Posted on 9/11/14 at 6:54 am to
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 9/11/14 at 6:55 am
Posted by Ace Midnight
Between sanity and madness
Member since Dec 2006
89483 posts
Posted on 9/11/14 at 7:02 am to
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 9/11/14 at 7:05 am
Posted by LSUTigersVCURams
Member since Jul 2014
21940 posts
Posted on 9/11/14 at 7:17 am to
Here's an idea, don't commit any crimes.
Posted by FalseProphet
Mecca
Member since Dec 2011
11706 posts
Posted on 9/11/14 at 7:17 am to
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.

Posted by FalseProphet
Mecca
Member since Dec 2011
11706 posts
Posted on 9/11/14 at 7:19 am to
quote:

Here's an idea, don't commit any crimes.


I'm willing to bet you commit at least one a day.
Posted by Politiceaux
Member since Feb 2009
17654 posts
Posted on 9/11/14 at 7:35 am to
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?
This post was edited on 9/11/14 at 7:38 am
Posted by Quidam65
Q Continuum
Member since Jun 2010
19307 posts
Posted on 9/11/14 at 7:35 am to
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.
Posted by LordSaintly
Member since Dec 2005
38859 posts
Posted on 9/11/14 at 7:36 am to
quote:

I'm willing to bet you commit at least one a day.


Most people do
Posted by Politiceaux
Member since Feb 2009
17654 posts
Posted on 9/11/14 at 7:40 am to
quote:

I'm willing to bet you commit at least one a day.
Most people don't commit one felony with any regularity, which is the topic of the thread.
Posted by Sentrius
Fort Rozz
Member since Jun 2011
64757 posts
Posted on 9/11/14 at 7:41 am to
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.
Posted by Wtodd
Tampa, FL
Member since Oct 2013
67482 posts
Posted on 9/11/14 at 7:48 am to
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
Posted by TigerintheNO
New Orleans
Member since Jan 2004
41161 posts
Posted on 9/11/14 at 8:19 am to
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.
Posted by FalseProphet
Mecca
Member since Dec 2011
11706 posts
Posted on 9/11/14 at 8:43 am to
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?
Posted by Ace Midnight
Between sanity and madness
Member since Dec 2006
89483 posts
Posted on 9/11/14 at 8:48 am to
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 9/11/14 at 11:16 am
first pageprev pagePage 1 of 1Next pagelast page
refresh

Back to top
logoFollow TigerDroppings for LSU Football News
Follow us on Twitter, Facebook and Instagram to get the latest updates on LSU Football and Recruiting.

FacebookTwitterInstagram