04/21/2020
SCOTUS requires unanimous jury verdicts to convict
Most would find it shocking to learn that it took until today to require a jury be unanimous in order to convict in a criminal trial. Up to now, Oregon allowed jurors to convict on a 10-2 or greater vote, while Louisiana until recently allowed convictions on an 11-1 vote (Louisiana independently changed their law in 2019). In Ramos v. Louisiana, the High Court made clear that unanimity is required for conviction in all courts, state and federal. In doing so, they overturned precedent from 1970, which suggests reduced reliance on the principal of stare decisis (respect for previous rulings). Notably, the Oregon and Louisiana laws allowing for non-unanimous verdicts largely stemmed from Jim Crow, and were originally designed to keep black jurors from stymieing convictions as lone or tandem holdouts.