NEW ORLEANS — The presence of individuals still incarcerated under a law enabling non-unanimous jury verdicts from the Jim Crow era has come under intense scrutiny, prompting state officials to push for reform. State Sen. Royce Duplessis, a Democrat from New Orleans and the author of Senate Bill 218, asserts that the legislation aims to remedy past injustices and restore faith in the legal system. “This bill gives those individuals a chance to finally have their cases heard by a fair and constitutional jury,” Duplessis stated.
Louisiana’s non-unanimous jury law, established during the 1898 constitutional convention, has lasting ramifications, particularly for Black defendants. A Pulitzer Prize-winning investigation by The Advocate in 2018 revealed that such verdicts disproportionately affected Black individuals, perpetuating significant racial disparities in the state’s judicial outcomes.
SB218 recently gained some bipartisan support, clearing its initial vote during a Senate Judiciary B Committee hearing on April 29. Two Republicans joined three Democrats in advancing the legislation, while one Republican opposed it. U.S. Rep. Clay Higgins, a Republican and former sheriff’s captain from St. Landry Parish, expressed his support for the bill, emphasizing the importance of due process. In a letter dated May 3, Higgins urged legislators to pass it, noting it could provide relief to those wrongfully convicted under the previous system.
Opposition to the bill exists, notably from the Louisiana District Attorneys Association. Executive director Zach Daniels warned that implementing SB218 could lead to severe delays in the criminal justice system, claiming it would create significant logistical challenges in retrial due to lost evidence and deceased witnesses.
The backdrop of these debates is shaped by a series of legal rulings. Until 2018, Louisiana allowed convictions based on jury decisions with one or two dissenting votes, making it a rarity among states, with Oregon being the only other that permitted such practices. However, the U.S. Supreme Court ruled the practice unconstitutional in 2020, although it opted not to apply the decision retroactively. In 2022, the Louisiana Supreme Court determined that the ban on non-unanimous jury verdicts did not retroactively invalidate previous convictions, yet it left the door open for legislative action.
Duplessis’ proposed legislation would allow individuals convicted by non-unanimous juries to have their cases re-evaluated, potentially returning them to pretrial status. This move could significantly alter the fates of those imprisoned under the old system.
Hardell Ward, director of community impact at The Promise of Justice Initiative, expressed confidence that passage of the bill would not overwhelm the justice system as claimed by opponents. His organization estimates that district attorneys in each parish would only handle an additional three cases on average as a result of the new legislation.
The Louisiana District Attorneys Association and The Promise of Justice Initiative differ in their estimates of how many individuals would be affected by the bill. Daniels suggests approximately 1,600 prisoners could be eligible for relief, while the PJI estimates the number to be around 800.
Proponents of SB218 also highlight the historical context of the non-unanimous jury law. Its origins trace back to a 19th-century effort to uphold racial dominance in the state. The delegates at the constitutional convention aimed to suppress Black voters by instituting laws that allowed convictions with as few as nine juror votes, enabling racial bias to influence verdicts.
Ward noted that many individuals, particularly Black men, are still in custody based on convictions that may not have been just. “This is a Jim Crow legacy that remains until this is resolved,” he argued, emphasizing the urgent need for legislative action to address these longstanding injustices.
Despite a subsequent modification in 1973 requiring 10 jurors for a conviction, studies revealed that Black defendants still faced disproportionate rates of conviction by non-unanimous juries. The 2018 analysis indicated that Black defendants were 30% more likely to be convicted under a split jury system compared to their White counterparts.
This legislative push is seen as crucial in moving Louisiana closer to a more equitable justice system, addressing historical wrongs that continue to impact the lives of countless individuals today.
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