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re: Unanimous Juries- How ya votin and why?
Posted on 10/26/18 at 3:09 pm to ThePTExperience1969
Posted on 10/26/18 at 3:09 pm to ThePTExperience1969
quote:
If the people on this board were criminal defendants, I'd presume they'd want this safeguard in place with their freedom and future livelihoods at stake. Oh well.
The average person on this board seems to simultaneously believe that they might be falsely #metoo’d at any second and that we should continue making it as easy as possible to convict those accused of crimes
0
Posted on 10/26/18 at 3:09 pm to The Johnny Lawrence
First it depends on what he is charged with...
Then it depends on whether the state proves the charges.
For example if the devices could not explode because they were missing a detonator, and he was charged with an assassination attempt...
Then probably that would be a not guilty
If they prove this guy did it and it was a charge of domestic terrorism... then guilty.
Then it depends on whether the state proves the charges.
For example if the devices could not explode because they were missing a detonator, and he was charged with an assassination attempt...
Then probably that would be a not guilty
If they prove this guy did it and it was a charge of domestic terrorism... then guilty.
Posted on 10/26/18 at 3:09 pm to ThePTExperience1969
If I was on trial with a potential life sentence, I'd sure has hell want it to require a unanimous verdict. And I think most of you would, too. As someone else pointed out, the power of the state to permanently take away your freedom is a very powerful tool that shouldn't be invoked lightly.
Posted on 10/26/18 at 3:13 pm to WildTchoupitoulas
quote:
Apparently it works in 96% of the states. Why wouldn't it work in Louisiana?
It would deprive incarceration, Inc of money. It would hurt the jails in places like St. Tammany that get a lot of funding for housing prisoners. Plus we like to put people in jail, it makes us feel as though we are safer even though we are not despite the highest incarceration rate.
Posted on 10/26/18 at 3:16 pm to SCLibertarian
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
Maybe it accounts for the possibility of idiots or biased people that slipped through voir dior?
Posted on 10/26/18 at 3:18 pm to FtHuntTiger
quote:
As someone else pointed out, the power of the state to permanently take away your freedom is a very powerful tool that shouldn't be invoked lightly.
Yeah, this liberal:
"The Framers would not have thought it too much to demand that, before depriving a man of three more years of his liberty, the State should suffer the modest inconvenience of submitting its accusation to "the unanimous suffrage of twelve of his equals and neighbors,""
Blakely v. Washington, 542 U.S. 296 (2004).
Posted on 10/26/18 at 3:32 pm to BRTigerDad
Can someone with a criminal law background explain what happens after a hung jury? And I don't mean "new trial". What happens in the real world? Do they plead out for a lesser crime or do they really tee it up again?
Posted on 10/26/18 at 3:53 pm to The Johnny Lawrence
quote:
Can someone with a criminal law background explain what happens after a hung jury? And I don't mean "new trial". What happens in the real world? Do they plead out for a lesser crime or do they really tee it up again?
It genuinely just depends. If it’s a shite case and it hung badly (6-6, etc), they might just let it walk. If it’s close, they will likely make an offer or just retry it. Nasty cases usually just get straight retried.
Hell, there was a sexual battery in EBR not too long ago that hung like 7-5 for not guilty, the ADA went to the grand jury and indicted for First Degree Rape, retried it, and the jury came back 10-2 not guilty.
Like I said, it really just depends
This post was edited on 10/26/18 at 3:55 pm
Posted on 10/26/18 at 3:56 pm to The Johnny Lawrence
quote:
Unanimous Juries
Voting "no."
The current law has been upheld on numerous challenges, even to the Supreme Court.
All it takes is one person with a vendetta against the "system" to screw everything up.
I also tend to oppose anything offered by the terrible J P Morell.
Posted on 10/26/18 at 4:08 pm to Federal Tiger
Conservatives and liberals agreed to support this bill at the Capitol, including sheriffs and DAs.
Everyone should vote for it.
Everyone should vote for it.
Posted on 10/26/18 at 4:09 pm to 337Tiger19
quote:
The rule itself was created to limit the power of blacks on juries after the civil war and Jim Crow.
The same one in OREGON, too?
Posted on 10/26/18 at 4:12 pm to The Johnny Lawrence
It wasnt automatic for me, but I voted yes to unanimous verdicts. In fact, I’d think that you guys who are so suspicious of the government would be on board with the amendment.
Posted on 10/26/18 at 4:13 pm to BRTigerDad
True, but my understanding is that a big part of that is due to the sudden political toxicity that developed surrounding the issue. You’ve got to understand that those are both elected positions. Any opposers were labeled racists and the defense against unanimous juries instantly folded. I’m not saying it is right or wrong, but I just wish more thought and discussion was given to the issue because it is just not that simple
Posted on 10/26/18 at 4:18 pm to BRich
quote:
The same one in OREGON, too?
Ours was simple racism. Oregon was the only slightly more complicated anti-immigrant.
quote:
Local news outlets supported the amendment by citing corrupt jurors and untrained immigrants as the cause of hung juries. “The increased urbanization of American life,” the November 25, 1933, Oregonian editorialized, “and the vast immigration into America from southern and eastern Europe, of people untrained in the jury system, have combined to make the jury of twelve increasingly unwieldy and unsatisfactory.”
LINK
Posted on 10/26/18 at 4:18 pm to BRTigerDad
quote:That's just not true. Don't spread lies.
Conservatives and liberals agreed to support this bill at the Capitol, including sheriffs and DAs.
quote:LINK
Notably absent from the list (of supporters to make jury verdicts unanimous) are any of the state’s 42 district attorneys and, except for (Sheriff) Webre (of Lafourche Parish), any of the 64 sheriffs.
To repeat, only one sheriff supports the change to unanimous verdicts and ZERO district attorneys support the change.
Posted on 10/26/18 at 4:19 pm to Joshjrn
The reason for it has nothing to do with supporting it today, or not.
Posted on 10/26/18 at 4:21 pm to VOR
quote:If all felony juries were made up of only government officials I'd agree with you.
In fact, I’d think that you guys who are so suspicious of the government would be on board with the amendment.
But since that's not the case your statement is just stupid.
Posted on 10/26/18 at 4:22 pm to LSURussian
An article from over a month ago, Russian? Really?
I’m on my phone, so searching articles isn’t easy, but for example: LINK
I’m on my phone, so searching articles isn’t easy, but for example: LINK
Posted on 10/26/18 at 4:24 pm to AlxTgr
quote:
The reason for it has nothing to do with supporting it today, or not.
Never said it did. I was simply responding this his rather snarky post
Posted on 10/26/18 at 4:33 pm to KiwiHead
quote:Because we don't incarcerate enough and allow for too many plea deals. The are all manner of criminals walking free everyday in Louisiana.
Plus we like to put people in jail, it makes us feel as though we are safer even though we are not despite the highest incarceration rate.
I'm voting no.
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