Louisiana Court Declares State’s Non-Unanimous Jury Verdict Scheme Unconstitutional

A district court in Louisiana ruled the state’s use of non-unanimous juries is unconstitutional and violates the equal protection clause of the 14th amendment.

The court found the “non-unanimous jury verdict scheme in Louisiana was motivated by invidious racial discrimination.”

“All cases that are currently pending trial and all cases on direct review must now be adjudicated subject ot a unanimous jury requirement,” the court ordered. However, prior cases and convictions may not be challenged. ...

Thomas Aiello, an associate professor of history and African-American studies at Voldasta state University in Georgia, testified as an expert and placed the non-unanimous verdict system in a historical context.

As the court described, Aiello “persuasively demonstrated that race was a motivating factor behind the adoption of the 1898 constitution, especially with respect to disenfranchisement of minority voters and stripping the ability of minorities to influence the judicial system.”

His testimony, Judge Stephen Beasley wrote in the ruling, showed the non-unanimous jury verdict scheme in Louisiana “was motivated by invidious racial discrimination.”