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SCOTUS and Louisiana non-unanimous jury law
Posted on 10/8/19 at 9:43 pm
Posted on 10/8/19 at 9:43 pm
Posted on 10/8/19 at 9:50 pm to Dude88
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.
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 on 10/8/19 at 9:51 pm to Dude88
quote:
Looks like it’s going to get struck down.
finally...
Posted on 10/8/19 at 9:53 pm to Dude88
I’ve never understood why they’ve allowed Florida to get away with 6 member juries for so long.
Posted on 10/8/19 at 9:55 pm to Dude88
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 on 10/8/19 at 9:56 pm to Sentrius
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 on 10/8/19 at 9:57 pm to Dude88
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.
I do agree that a unanimous jury should be required.
Posted on 10/8/19 at 9:57 pm to Dude88
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 on 10/8/19 at 9:58 pm to Mickey Goldmill
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.
Oregon still only requires 11-1 if I’m not mistaken though.
Posted on 10/8/19 at 10:06 pm to Sentrius
quote: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?
you should be absolutely burdened with the responsibility of convincing every single member of a jury that I'm guilty.
Posted on 10/8/19 at 10:10 pm to arcalades
The Founding Fathers implicitly meant right to a unanimous jury when they meant right to a jury.
Posted on 10/8/19 at 10:10 pm to Dude88
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 on 10/8/19 at 10:15 pm to Sentrius
From what I have seen while on jury duty nobody will go to jail any more.
Posted on 10/8/19 at 10:17 pm to Sentrius
Murderers will rarely be convicted in New Orleans despite the degree of evidence.
Posted on 10/8/19 at 10:21 pm to Dude88
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 on 10/8/19 at 10:33 pm to Dude88
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 on 11/19/19 at 2:58 pm to AlxTgr
quote:
This just dropped.
I just read that over lunch.
Posted on 11/19/19 at 3:00 pm to AlxTgr
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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