Criminal justice reform just swept America
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November 6, 2018, brought major criminal justice reform victories across the country, from what’s criminalized to what sentences can be applied. Perhaps the two biggest wins were in Louisiana and Florida: Tuesday marked the demise of Louisiana’s nonCriminal justice reform just swept America
November 6, 2018, brought major criminal justice reform victories across the country, from what’s criminalized to what sentences can be applied. Perhaps the two biggest wins were in Louisiana and Florida: Tuesday marked the demise of Louisiana’s non-unanimous juries, which made wrongful convictions far too easy, and the re-enfranchisement of 1.5 million Floridians. As of January 1, thanks to Amendment 2, all 12 members of 12-member juries in Louisiana will have to believe in a defendant’s guilt beyond a reasonable doubt to convict. It should always have been that way, of course, but for the moment it’s still true that it only takes 10 jurors to convict, even in serious felony trials—even in murder cases. This non-unanimous jury rule was implemented out of concern that black jurors would make it more difficult for otherwise white juries to convict black defendants. In 1898, lawmakers argued exactly that and characterized this as a solution “to establish the supremacy of the white race … to the extent to which it could be legally and constitutionally done.” In addition to being racist, the non-unanimous jury rule’s also just a bad rule. Studies prove unanimity is critical to justice. Louisiana could use more of that—currently the state boasts the second-highest rate of exoneration in the country. What makes it all the more troubling is that though the public, both state parties, and organizations from all over the political spectrum supported Amendment 2, it passed the house by just one vote over the two-thirds requirement. Read more