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re: Unanimous Juries- How ya votin and why?

Posted on 10/26/18 at 10:07 pm to
Posted by LSUFanHouston
NOLA
Member since Jul 2009
40157 posts
Posted on 10/26/18 at 10:07 pm to
quote:

Because 48 other States do it" isn't a reason to do it, imo


If 48 other states do something one way, and LA does it the other way, odds are, we are in the wrong.

Especially given our pathetic system of justice.
Posted by LSUFanHouston
NOLA
Member since Jul 2009
40157 posts
Posted on 10/26/18 at 10:12 pm to
quote:

Actually our uneducated population (jurors) make the case for non-unanimous convictions. The likelihood of an idiot on the jury whose opinion needs to be ignored is much higher.


I always thought it was "jury of your peers" not "jury of your educated peers"
Posted by ThePTExperience1969
Baton Rouge, LA
Member since Apr 2016
13360 posts
Posted on 10/26/18 at 10:13 pm to
BOOM WINNING
Posted by Wtxtiger
Gonzales la
Member since Feb 2011
7273 posts
Posted on 10/26/18 at 10:13 pm to
I say on a jury while the OJ Simpson trial was just finishing. It was like a week after he was let off.
There was a guy selling Valium in a bar. He was caught by the bouncers and asked to leave. He showed his arse while leaving and got in his truck slinging rocks at the bar, hit a car and the cops came. They found several baggies with pills in his pocket. There were the bouncers and cops in the court to testify. He also had pot in his truck. A black chick would not convict the guy because she said the cops planted the pills on him. She talked another juror into not convicting him too. I forget exactly how it went because it was so long ago but the jury was hung. The smirk on that guy’s face when he heard the judge was awful. He was guilty as could be. That black woman was stupid. That guy was guilty as shite but she was not going to convict him no matter what evidence was presented. No person in their right mind would believe the cops planted Valium’s in that guy’s pocket. She was just anti cop riding the heals of the OJ case. Just like the jury that let go the black guy in Jackson that raped and burnt to death the girl a couple years ago. You can’t trust a segment of the population to make a truthful decision on facts today.
Posted by LSUFanHouston
NOLA
Member since Jul 2009
40157 posts
Posted on 10/26/18 at 10:15 pm to
quote:


I'll take that over the opposite. Hell, I honestly can't believe there's ANY disagreement on that point.


Indeed. Given only two choices, I'll support a guilty man having to be retried over an innocent man doing time
Posted by LSURussian
Member since Feb 2005
133442 posts
Posted on 10/26/18 at 10:18 pm to
quote:

I know many attorneys that have tried to withdraw from criminal cases because they had not been paid and most judges here won't let them out of the case
If I’m a defendant that’s exactly the situation I hope I can be in.....having a pissed off attorney not getting paid extra for doing extra work in another trial and who a judge won’t let him resign as my lawyer.

Yeah, boy, I know I’ll be well represented in that situation.

Or, maybe I tell my lawyer I’ll come up with more money and pay him another fee.....
Posted by NoSaint
Member since Jun 2011
12434 posts
Posted on 10/26/18 at 10:19 pm to
quote:

had the same experience. One stand out juror would simply not accept the facts. The one juror apparently had preconceived findings not based on fact when 11 others easily agreed the evidence was clearly enough to remove all doubt. A travesty averted with the non-unanimous jury system.


Of course there’s alway the fact that maaaaybe the person was innocent and y’all never had to really deliberate all that much because of the non unanimous verdict.

I think there’s something said for at least the possibility that a hold out and real scrutiny could occasionally be a blessing and help with bad convictions. How much time did you spend in there before saying “oh well, we got it either way”
Posted by Joshjrn
Baton Rouge
Member since Dec 2008
31411 posts
Posted on 10/26/18 at 10:23 pm to
So long replies prove you’re right, and my laughing at your self righteousness ignorance means I’m uncomfortable. You’re special

I never claimed my profession was “pure”. I did claim that you haven’t the faintest idea as to what you’re talking about, though.
This post was edited on 10/26/18 at 10:25 pm
Posted by ThePTExperience1969
Baton Rouge, LA
Member since Apr 2016
13360 posts
Posted on 10/26/18 at 10:24 pm to
Attorneys are bound to legal ethics standards which denote zealous representation, agency and fiduciary duty which they can be sued upon relative to legal malpractice in addition to other COAs like breach of agency/fiduciary duty and the like so what you just said makes zero literal sense
Posted by ThePTExperience1969
Baton Rouge, LA
Member since Apr 2016
13360 posts
Posted on 10/26/18 at 10:26 pm to
Don’t like it change the Constitution, voir dire procedure, state law, court rules anything connected to that, can’t blame the system for following the currently existing rules
Posted by NoSaint
Member since Jun 2011
12434 posts
Posted on 10/26/18 at 10:27 pm to
quote:

Had this been a required unanimous verdict, it probably would have resulted in a hung jury.


Or would people be less likely to be “that guy” if they actually were the swing vote instead of being able to be ignored.

Non unanimous does give some people a chance to say they didn’t vote for it even they think the person probably belongs in prison. No guilt of convicting someone innocent, no guilt of releasing a guilty person if you are the 1 in the 11-1.

Going unanimous changes the dynamics greatly
Posted by LSURussian
Member since Feb 2005
133442 posts
Posted on 10/26/18 at 10:33 pm to
quote:

Attorneys are bound to legal ethics standards which denote zealous representation




Oh, wait! You’re being serious, aren’t you?

Sorry, man.....that’s really sweet but nobody in the real world believes that crock.
Posted by ShortyRob
Member since Oct 2008
82116 posts
Posted on 10/26/18 at 10:36 pm to
quote:

Just curious, how many juries have you sat on to include murder?
WTF difference does that make?

Am I claiming to know anything about juries?

Jeebus you frick's have no concept of why the argument is even being made. "Oh, have YOU been on a jury!!!!"

Idiots
Posted by LSURussian
Member since Feb 2005
133442 posts
Posted on 10/26/18 at 10:37 pm to
quote:

I did claim that you haven’t the faintest idea as to what you’re talking about, though.
And your “claim” is worthless.
Posted by ShortyRob
Member since Oct 2008
82116 posts
Posted on 10/26/18 at 10:37 pm to
quote:

The point is if you have never been a part of it, you have no idea what it is all about. TV makes it look so easy and everything is wrapped up in an hour. To believe that every juror reacts the same is simply not true.
IDGAF about TV. I'm not retarded. I know TV is make believe.

On what planet did you get some idea that I think juries work like they do on Law and Order?
Posted by 6R12
Louisiana
Member since Feb 2005
11443 posts
Posted on 10/26/18 at 10:43 pm to
quote:

Why do people keep repeating this utterly incorrect nonsense? A hung jury causes a mistrial. The state has a year to retry the case from that date. Nobody is “walking free” when the jury hangs. The state can try someone as many times as necessary to get a valid jury verdict.




And how often do they go back and do that? I have no clue but I would bet not often at all.
Posted by Joshjrn
Baton Rouge
Member since Dec 2008
31411 posts
Posted on 10/26/18 at 10:44 pm to
quote:

And your “claim” is worthless.


And your rank speculation concerning how the legal profession functions is less than.
Posted by Joshjrn
Baton Rouge
Member since Dec 2008
31411 posts
Posted on 10/26/18 at 10:46 pm to
quote:

And how often do they go back and do that? I have no clue but I would bet not often at all.


Fairly frequently. Like I mentioned earlier in this thread, there was a hung jury retrial just a few weeks ago in EBR. And the only thing notable about that was that the ADA up billed it instead of just retrying as originally charged.
Posted by LSURussian
Member since Feb 2005
133442 posts
Posted on 10/26/18 at 11:02 pm to
quote:

And your rank speculation concerning how the legal profession
It’s not speculation. It’s years of real world experience including hearing my lawyer friends laugh about how they screwed some poor schmuck who thought they were looking out for him.

One last thought on the amendment: if it passes it means a 10-2 vote for acquittal won’t acquit the defendant. He’ll have to go through another trial when now he would go free.

Everyone in this thread has been obsessing about innocent defendants being convicted by a 10-2 jury decision but it also means someone who is innocent won’t go free unless a unanimous not guilty verdict can be obtained.
Posted by ThePTExperience1969
Baton Rouge, LA
Member since Apr 2016
13360 posts
Posted on 10/26/18 at 11:08 pm to
quote:

Everyone in this thread has been obsessing about innocent defendants being convicted by a 10-2 jury decision but it also means someone who is innocent won’t go free unless a unanimous not guilty verdict can be obtained.


So remaining processed with the presumption of innocence until proven guilty beyond a reasonable doubt is worse than a 10-2 criminal conviction that strips a person of their liberty because? Dude do you even sit back and acknowledge the absurdity of the arguments you make from a philosophical level?
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