The Trial Lawyer Summer 2018 - Page 54

Louisiana’s Non-Unanimous Jury System: An Assault Upon The Sixth Amendment & An Attack Upon Justice By Angela A. Allen-Bell The Sixth Amendment assures that the fate of criminal defendants will be decided by an impartial jury. When the Framers adopted the trial guarantee, they did so with a unanimous jury in mind. For a while, the Supreme Court of the United States (SCOTUS) recognized this. In 1930, the SCOTUS was called upon to resolve the question of whether the constitution allowed a jury of 11 to rule after one of the 12 seated jurors became incapacitated and the defendant agreed to a waiver. 52 x The Trial Lawyer