The state has to have a ‘all or no convict’ verdict from juries the court has ruled….
The Supreme Court on Monday ruled that defendants in criminal trials can only be convicted by a unanimous jury, striking down a scheme that has been rejected by every state except one.
The court said in a divided opinion that the Constitution requires agreement among all members of a jury in order to impose a guilty verdict.
“Wherever we might look to determine what the term ‘trial by an impartial jury trial’ meant at the time of the Sixth Amendment’s adoption—whether it’s the common law, state practices in the founding era, or opinions and treatises written soon afterward—the answer is unmistakable,” Justice Neil Gorsuch wrote in an opinion. “A jury must reach a unanimous verdict in order to convict.”
Oregon is the only state left in which defendants can be convicted over the dissent of up to two jurors. Louisiana recently abandoned the practice after more than a century of use.
The ruling overturns the 2016 conviction of a Louisiana man named Evangelisto Ramos. A jury by a 10-2 margin found him guilty of killing a woman in New Orleans. Two years after Ramos’s conviction, Louisiana voters approved a constitutional amendment getting rid of non-unanimous jury verdicts.
The new ruling likely means that Ramos could get a new trial….
My Name Is Jack says
I have no problem with less than unanimous jury decisions in minor or petty cases where no imprisonment is being sought by the State.This decision wouldn’t effect that.SC allows jury trials for any offense,even petty type cases.
It should be noted that in Federal Court,one doesn’t have the right to aJury trial where the penalty is imprisonment for less than six months.
jamesb says
U and I know that VERY FEW cases go to trial…
There is a mutual reason for both sides to settle on all levels…
The cases that go to trial SHOULD require the ‘all or nothing’ to keep the number of trials at a reasonable level…
U know more than most that the system would collapse if there was too many…
Besides as the piece points out the case was down to only one state ….
Thus making the courts decision easy …
My Name Is Jack says
What do you mean “all or nothing?”
jamesb says
Unanimous jury verdicts…
My Name Is Jack says
And what does any of your rant have to do with anything I posted.
Once again you act as if you are responding to something I posted when it has nothing to do with my post.
I really don’t need advice from the likes of you on anything concerning the Law or anything else now that I think about it.
jamesb says
You just said ur alright with split jury convictions…
jamesb says
And U don’t have to accept anything about the law…
But it WILL BE offered…
And?
The basic’s of how the law and courts operate are NOT just confined to U…
My Name Is Jack says
I said in petty offenses like Speeding tickets where a person wasn’t facing imprisonment.
It might interest you that in many states one doesn’t even possess the right to aJury trial in petty cases.
You of course understand nothing of such because you know nothing about the law (or much of anything else ).
My comment had nothing to do with the Supreme Court decision as you implied
Sure anyone can comment on anything.
Doesn’t change my “opinion” that you know very little about subjects that you comment on here and often don’t even understand the articles you post.
Finally, its a well known Fact that you often make comments on other people’s post that are totally irrelevant to anything they have said.
Indeed, that very thing is likely what helped drive Zreebs away as he often mentioned that very thing.
jamesb says
Jack?
U ARE KIDDING ME ON THIS?
In SC U can get a TRIAL for speeding ticket before a JURY?????
In a LOT of states u sit-down with a admin judge/lawyer and do small assed stuff…
Sure saves a shit loas of money and time…
But ur reaching?
Cause U know this…
I understand ur a bit irritable …
So am I …
But ya gotta keep truckin!
My Name Is Jack says
Yeah
In South Carolina as well as most of the southern states can.
And that’s what I was referencing in my original post.
Oh and take your condescending garbage and shove it.
I’m irritable at how you obfuscate and show total ignorance of things you mindlessly mouth off about .
jamesb says
Really?
Waste of money….
I still like ya Jack!
I’m more knowledgeable than Trump
That means i’m ok!