Louisiana Competence - Unanimous Verdict
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Florida juries can now send someone to death row with an 8-4 vote. Florida Gov. Ron DeSantis signed a bill Thursday ending a unanimous jury requirement in death penalty sentencing, a response to a verdict that spared the life of a school shooter who killed 17 people.
Voters in Louisiana finally abolished non-unanimous juries in 2018. Two years later, the U.S. Supreme Court declared them unconstitutional in Ramos v. Louisiana, which also brought the practice to an end in Oregon.
Louisiana was just one of two states, along with Oregon, to allow for non-unanimous convictions in non-capital felony trials. When the law was first established during the Jim Crow era, a conviction in the state only required nine of 12 jurors to vote guilty. Later on, it was changed to 10 of 12.
United States, 333 U.S. 740, 748 (1948) ( Unanimity in jury verdicts is required where the Sixth and Seventh Amendments apply. In criminal cases this requirement of unanimity extends to all issues?character or degree of the crime, guilt and punishment?which are left to the jury. ); Maxwell v.
The law requires a unanimous verdict.
In April 2020, the U.S. Supreme Court held in Ramos v. Louisiana that under the U.S. Constitution, a criminal defendant's Sixth Amendment right to a jury trial includes the right to a unanimous jury verdict. Oregon DOJ welcomed the end to Oregon's non-unanimous jury verdict rule.
Thirty states allow a non-unanimous verdict to be effective in civil cases; the most common rule (in 16 states) allows a verdict based on 5/6ths of the jury. Only a minority of states retain the unanimous verdict requirement for civil cases.
The vast majority of states require that a criminal defendant be convicted at trial by a unanimous jury verdict. Only two states have had laws to the contrary, Louisiana and Oregon.
