Louisiana Could Require Unanimous Jury Verdicts for Felony Trials
Vote to see how others feel about this issue
What the Referendum Does
Amendment 2 would amend the Louisiana Constitution to require the unanimous agreement of jurors, rather than just 10 of 12 jurors, to convict people charged with felonies. This wouldn’t affect juries for offenses that were committed before January 1, 2019.
Currently, Louisiana and Oregon are the only two states that don’t require the unanimous agreement of jurors to convict people charged with felonies. Oregon does, however, require unanimous convictions in murder trials.
In Favor
Requiring unanimous jury decisions is more just, because it forces juries to grapple with the evidence and reach a decision as a group without being able to throw out one or two individuals who see the evidence differently from the rest of the jury pool.
Opposed
Requiring unanimous jury decisions will increase the odds of jury nullification, as it’s much harder to get 12 out of 12 people on a jury to agree on a verdict than it is to get 10 out of 12 to agree on a verdict. This will also cause the cost of administering Louisiana’s judicial system to go up.
In-Depth
The Yes on Two Ballot Committee, also known as the Unanimous Jury Coalition, is leading the campaign in support of Amendment 2 with the support of Gov. John Bel Edwards, both the Louisiana Republican and Democratic Parties, American Civil Liberties Union (ACLU), the Southern Poverty Law Center, SEIU, and others. Alanah Odoms Hebert, executive director of the ACLU of Louisiana, says Amendment 2 is important because it keeps juries diverse:
“If the rule requires unanimity, you can’t simply throw out people who may see the evidence differently. You have to consider that. You have to really grapple with the evidence in a way that you wouldn’t have to if you could completely ignore the votes of two people… Because you have diversity of thought, diversity of opinion, and further, deeper consideration, it does lead to better decisions.”
Former Grant Parish District Attorney Ed Tarpley, one of the leading advocates for Amendment 2, adds that people simply can’t be convicted beyond a reasonable doubt without a unanimous jury verdict:
“The question I ask is simply this: How can you say a person has been convicted beyond a reasonable doubt if one or two people on the jury have a reasonable doubt?... It just shows how illegal the law in Louisiana really is.”
Despite initial reports that they were opposed to Amendment 2, neither Louisiana Attorney General Jeff Landry (R nor Pete Adams, executive director of the Louisiana District Attorneys Association, remain opposed. AG Landry’s office has clarified that he “is not opposed to the second amendment,” and Adams has stated that the Louisiana District Attorneys Association “has no position on [Amendment 2]” and “there is little to say except that we have no position.”
The Louisiana District Attorneys Association has, however, criticized Amendment 2 for the probability that it’d make Louisiana’s criminal justice system less efficient. Adams points out:
“In today’s society, getting 80 percent of people in any group to agree on any topic is a phenomenal task. Everyone’s in their corner. More so than ever, people take their agendas into the courtroom. You’re inviting jury nullification.”
Amendment 2 made it to the Louisiana ballot after the state legislature approved it on bipartisan votes of 84-15 in the House and 28-7 in the Senate.
Summary by Lorelei Yang
(Photo Credit: iStockphoto.com / Image Source)
The Latest
-
The Latest: Israel Attacks Gaza’s Largest Medical FacilityUpdated Mar. 18, 2024, 10:20 a.m. EST Israel's military issued a raid on Gaza's Al-Shifa Hospital , the largest medical facility read more... Israel
-
Utah Bill Encourages Teachers To Carry FirearmsWhat’s the story? This week, Utah’s Gov. Spencer Cox signed a bill that encourages teachers to carry a gun in their classrooms. read more... Public Safety
-
Trump and Biden Win 2024 Presidential NominationsUpdated March 13, 2024, 10:30 a.m. EST President Biden and former President Trump have secured the required delegates to be read more... Advocacy
-
Super Tuesday 2024 ResultsUpdated March 6, 2024, 10:15 a.m. EST As expected, the Super Tuesday results were dominated by Trump and Biden, increasing the read more... States