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re: Unanimous Juries- How ya votin and why?

Posted on 10/26/18 at 10:58 am to
Posted by RougeDawg
Member since Jul 2016
7282 posts
Posted on 10/26/18 at 10:58 am to
I'm voting no. Do you think Gary Chambers would ever vote against a black? We have lots of Gary Chambers in Louisiana.
Posted by CarRamrod
Spurbury, VT
Member since Dec 2006
58273 posts
Posted on 10/26/18 at 10:59 am to
quote:

How non-unanimous juries in criminal trials survive constitutional scrutiny is beyond me. The presence of 1 or 2 jurors out of 12 who vote not guilty seems to be the definition of reasonable doubt.

OJ Simpson trial dis proves that.
Posted by Joshjrn
Baton Rouge
Member since Dec 2008
31409 posts
Posted on 10/26/18 at 11:03 am to
I find it interesting that the primary argument I'm seeing against unanimous juries is that disinterested citizens might lie under oath and commit perjury during jury selection.

I imagine the overwhelmingly majority of you who are putting forward that argument would believe an interested witness who took the stand during a trial unless proven otherwise.
Posted by NYNolaguy1
Member since May 2011
21689 posts
Posted on 10/26/18 at 11:15 am to
quote:

You're using an effin Broadway play as your basis for how you'll vote on this amendment?!?


I am not voting on the amendment at all . I am 1500 miles away from LA.
Posted by NYNolaguy1
Member since May 2011
21689 posts
Posted on 10/26/18 at 11:16 am to
quote:

That does not address reasonable doubt at all.


I guess I am confused. Do you think a juror voting no means he has reasonable doubts?
Posted by NYNolaguy1
Member since May 2011
21689 posts
Posted on 10/26/18 at 11:18 am to
quote:

Or it tells you there is a biased juror. I’ve been on a jury where the police caught the person in the act of armed robbery AND it was on video and there was still a juror refused to vote guilty. It should come to no surprise to you that they were the same race. The juror was tired of seeing “her people” go to jail and was open about it.



Thats more of a problem with the jury system than the juror. Jury nullification is a real thing. In that case do you blame the system or the juror?
Posted by The Boat
Member since Oct 2008
175413 posts
Posted on 10/26/18 at 11:18 am to
The Democrat Party headquarters in downtown BR have big vote YES on #2 signs in the window. That’s all you need to know on how to vote for that one.

A big NO.
Posted by Nawlens Gator
louisiana
Member since Sep 2005
5943 posts
Posted on 10/26/18 at 11:20 am to

I voted yes for unanimous juries.

Posted by 337Tiger19
Lake Charles, LA
Member since Feb 2014
2474 posts
Posted on 10/26/18 at 11:20 am to
quote:

The Democrat Party headquarters in downtown BR have big vote YES on #2 signs in the window. That’s all you need to know on how to vote for that one. A big NO.



Or you could think for yourself instead of doing the opposite of what Dems want because the LAGOP also supports the amendment.
Posted by AllemanWC
Bayou Corne
Member since Jan 2015
989 posts
Posted on 10/26/18 at 11:21 am to
These guys weren’t holdouts. They both walked in the deliberation room and said not guilty. Both stated there was nothing that could be said to convince them to change their vote. Both ended up with convictions at 11-1.
Posted by BRTigerDad
Member since Oct 2018
118 posts
Posted on 10/26/18 at 11:28 am to
Even Justice Scalia made the point that the Founders wanted unanimous juries.

Of course, it us well documented that our law is based in racism.

So this should be a slam dunk victory in favor of a unanimous jury.

Please vote.
Posted by The Johnny Lawrence
Member since Sep 2016
2211 posts
Posted on 10/26/18 at 11:47 am to
The founders may have wanted unanimous, but if it isn't unconstitutional, we are free to pick non unanimous juries.

Because a law was created with evil intent, is that enough to amend it 65 years later if the law is good? You can create something for terrible reasons and end up with a good law 50 years later.

I'm playing devil's advocate in my own thread.
Posted by Joshjrn
Baton Rouge
Member since Dec 2008
31409 posts
Posted on 10/26/18 at 11:47 am to
quote:

The Democrat Party headquarters in downtown BR have big vote YES on #2 signs in the window. That’s all you need to know on how to vote for that one.

A big NO.


The EBR Democratic Party has endorsed it, the EBR Republican Party has endorsed it, and EBR DA Hillar Moore has endorsed it.

I can't wait to see how you navigate that little conundrum
Posted by Joshjrn
Baton Rouge
Member since Dec 2008
31409 posts
Posted on 10/26/18 at 11:48 am to
quote:

These guys weren’t holdouts. They both walked in the deliberation room and said not guilty. Both stated there was nothing that could be said to convince them to change their vote. Both ended up with convictions at 11-1.


And in a unanimous jury paradigm, both would have sat in that shitty little jury room for the next dozen hours at minimum, or the next few days at maximum.

It's easy to pull a stunt like that when you know there are no consequences.
Posted by N.O. via West-Cal
New Orleans
Member since Aug 2004
7676 posts
Posted on 10/26/18 at 11:50 am to
First, I think we are dealing with a relatively minor issue that, in practice, is far from the civil rights issue the proponents of the change claim it to be. Nevertheless, the law is the result of ill motives in the past and that, plus my civil libertarian leanings, is enough to get me to vote for the change to unanimous verdicts.
Posted by NIH
Member since Aug 2008
119429 posts
Posted on 10/26/18 at 11:51 am to
Those who value small government and liberty will vote "yes"

Posted by BRTigerDad
Member since Oct 2018
118 posts
Posted on 10/26/18 at 11:51 am to
If you were a criminal defendant, what would you want?

Remember that the constitutional legal standard is proof beyond a reasonable doubt.
Posted by LSURussian
Member since Feb 2005
133428 posts
Posted on 10/26/18 at 1:21 pm to
quote:

How do you know the prosecutor was incompetent?



Because he didn't know how to get in his key piece of evidence, which any third year law student would have been able to do.

Like I posted last time:

quote:
On a separate issue, the prosecutor would have had to have been utterly incompetent to not get in the prior testimony of the complainant. A situation in which someone previously testified but is now deceased clearly falls within La. C.E. Art. 804, which are exceptions to the hearsay rule in which the declarant is unavailable. In this case, the complainant would have been considered unavailable under A(4) and the testimony would have been covered under B(1).
The trial was in 1979. Was that exception in effect then?

There is no way a district attorney and his assistants were unaware of an exception like the one you quoted. If they couldn't use the deceased landlord's prior testimony at our trial there had to be a valid reason for it other than what you choose to believe, incompetence.

For all I know, the landlord's testimony at one or both of the prior trials which were thrown out may have been the reason those verdicts were overturned on appeal. So the prosecution believed it best not to enter his testimony at our trial.

The judge didn't go into detail what the "technicalities" were that had those verdicts voided.
Posted by TigerVespamon
Member since Dec 2010
7383 posts
Posted on 10/26/18 at 1:56 pm to
quote:

it’s a rule from the Jim Crow era
So all “rules” in place during that era should be nullified?
Posted by Mrs. Amaro
Uptown Shreveport
Member since Nov 2004
3660 posts
Posted on 10/26/18 at 2:06 pm to
quote:

A jury voting 10-2 to convict on non-capital offense cases is okay with me.


This is why I voted NO
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