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SCOTUS and Louisiana non-unanimous jury law

Posted on 10/8/19 at 9:43 pm
Posted by Dude88
Member since Sep 2019
744 posts
Posted on 10/8/19 at 9:43 pm
Looks like it’s going to get struck down. 32,000 people would have to be retried.

LINK

LINK
Posted by John McClane
Member since Apr 2010
36693 posts
Posted on 10/8/19 at 9:46 pm to
Good.
Posted by Sentrius
Fort Rozz
Member since Jun 2011
64757 posts
Posted on 10/8/19 at 9:50 pm to
If you want to put me in a shoebox cell made of concrete and steel for the rest of my life but also put a needle of poison in my arm and stop my heart, you should be absolutely burdened with the responsibility of convincing every single member of a jury that I'm guilty.

The notion of beyond a reasonable doubt guilty standard does not jive with 2 members of a jury not being convinced of my guilt.
This post was edited on 10/8/19 at 9:52 pm
Posted by chRxis
None of your fricking business
Member since Feb 2008
23611 posts
Posted on 10/8/19 at 9:51 pm to
quote:

Looks like it’s going to get struck down.

finally...
Posted by Dude88
Member since Sep 2019
744 posts
Posted on 10/8/19 at 9:53 pm to
I’ve never understood why they’ve allowed Florida to get away with 6 member juries for so long.
Posted by Mickey Goldmill
Baton Rouge
Member since Mar 2010
23076 posts
Posted on 10/8/19 at 9:55 pm to
I didn’t read everything but the voters already approved it. I think the current case is just about whether it impacts prior cases and crimes.
Posted by Mickey Goldmill
Baton Rouge
Member since Mar 2010
23076 posts
Posted on 10/8/19 at 9:56 pm to
quote:

If you want to put me in a shoebox cell made of concrete and steel for the rest of my life but also put a needle of poison in my arm and stop my heart, you should be absolutely burdened with the responsibility of convincing every single member of a jury that I'm guilty.

The notion of beyond a reasonable doubt guilty standard does not jive with 2 members of a jury not being convinced of my guilt.


Wow I agree with you for once
Posted by SloaneRanger
Upper Hurstville
Member since Jan 2014
7730 posts
Posted on 10/8/19 at 9:57 pm to
Doesn't seem like it would be right to make it retroactive when a prior U.S. Supreme Court decision said a non-unanimous jury was not unconstitutional.

I do agree that a unanimous jury should be required.
Posted by The Boat
Member since Oct 2008
164137 posts
Posted on 10/8/19 at 9:57 pm to
I can’t believe so many cucks on the Poli Board voted for unanimous juries.
This post was edited on 10/8/19 at 10:02 pm
Posted by Dude88
Member since Sep 2019
744 posts
Posted on 10/8/19 at 9:58 pm to
Exactly. This determines if 32,000 people who were convicted non-unanimously in Louisiana have to get retrials.

Oregon still only requires 11-1 if I’m not mistaken though.
Posted by arcalades
USA
Member since Feb 2014
19276 posts
Posted on 10/8/19 at 10:06 pm to
quote:

you should be absolutely burdened with the responsibility of convincing every single member of a jury that I'm guilty.
I favor that also, but I don't see anything in the 6th Amendment that says it should or must be that way. What are the justices using from the Constitution to support that requirement?
Posted by Dude88
Member since Sep 2019
744 posts
Posted on 10/8/19 at 10:10 pm to
The Founding Fathers implicitly meant right to a unanimous jury when they meant right to a jury.
Posted by WildManGoose
Member since Nov 2005
4568 posts
Posted on 10/8/19 at 10:10 pm to
quote:

 The Advocate found that 40% of felony jury trials end with split verdicts and that they disproportionately affect black defendants.


This statement is intriguing. It would be interesting to see the racial identity of the defendants and the jury holdouts.
Posted by omegaman66
greenwell springs
Member since Oct 2007
22780 posts
Posted on 10/8/19 at 10:15 pm to
From what I have seen while on jury duty nobody will go to jail any more.
Posted by Havoc
Member since Nov 2015
28382 posts
Posted on 10/8/19 at 10:17 pm to
Murderers will rarely be convicted in New Orleans despite the degree of evidence.
Posted by Brummy
Central, LA
Member since Oct 2009
4505 posts
Posted on 10/8/19 at 10:21 pm to
quote:

This determines if 32,000 people who were convicted non-unanimously in Louisiana have to get retrials.

The 32,000 figure is the total prison population in the state, not just those convicted by non-unanimous juries. Per the article in the OP, the state doesn't have reliable data on how many were convicted unanimously vs. non-unanimously because the juries are not always polled.
Posted by kingbob
Sorrento, LA
Member since Nov 2010
67101 posts
Posted on 10/8/19 at 10:33 pm to
Louisiana voters already amended the state constitution to eliminate non-unanimous jury convictions. However, that law was not retroactive. What this suit seeks to do is overturn the convictions of every individual serving out a sentence convicted by a non-unanimous jury prior to the law change.
Posted by AlxTgr
Kyre Banorg
Member since Oct 2003
81640 posts
Posted on 11/19/19 at 2:41 pm to
Posted by TBoy
Kalamazoo
Member since Dec 2007
23720 posts
Posted on 11/19/19 at 2:58 pm to
quote:

This just dropped.


I just read that over lunch.
Posted by Topcat
New Orleans
Member since Jan 2005
453 posts
Posted on 11/19/19 at 3:00 pm to
Justice Johnson, in her dissent, says it is undeniable that adoption of a non-unanimous jury system in Louisiana was motivated by racial bias. Does anyone know the basis for Oregon's non-unanimous jury rule? Demographically, it is a much more homogenous state. What was its reason for adopting a non-unanimous verdict rule?
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