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The "Burning Bush" Editorial
A Habeas Corpus has been filed on behalf of Reverend Errol Victor, Sr. and all other victims of the non-unanimous jury verdict rule.
Main Overview
The federal habeas corpus petition filed in both the Eastern and Western District Courts of Louisiana contends that individuals convicted under Louisiana's former non-unanimous jury system are being held without a lawful conviction because, under the petition's legal theory, there was never a valid unanimous verdict. It argues that these individuals are being unlawfully confined as "perpetual pretrial detainees, in violation of the Fith, Sixth, and Fourteenth Amendments to the United States Constitution, as well as the prohibition against bills of attainder under Article 1, Section 9, Clause 3.
Filed pursuant to 28 U.S.C. Section 2241, the petition ask the federal courts to order the immediate release of those allegedly being held without lawful authority or, in the alternative, to conduct an evidentiary hearing to determine the legality of their continued detention.
A Constitutional Trial by Jury
A constitutional trial but jury in the American legal system, generally means a trial conducted in accordance with the jury protections guaranteed by the U.S. Constitution, particularly:
-guarantees the right to a speedy and public trial by an impartial jury in criminal prosecution.
-preserves the right to a jury trial in certain civil cases.
-applies many constitutional protections, including the right to a jury trial in serious criminal cases, to the states.
In a criminal case, a constitutional jury trial typically includes:
1. An impartial jury selected from the community.
2.The defendant's right to counsel.
3. The right to confront and cross-examine witnesses.
4.The prosecution's burden to prove guilt beyond a reasonable doubt.
5. A verdict rendered by the jury, not the judge.
6. In felony cases, a unanimous verdict for conviction. The U.S. Supreme Court held in that the Sixth Amendment requires unanimity to convict in state criminal trials, just as it does in federal trials.
Historically, the Supreme Court has described trial by jury as preserving the common-law understanding of a jury trial. The Court stated:
"Trial by jury" means a trial by a jury as understood at common law.
Under the traditional understanding, a criminal jury's verdict was required to be unanimous.
If your question is focused specifically on whether a 10-2 or other non-unanimous verdict constitutes a constitutional "trial by jury," the Supreme Court's decision in Ramos held that a conviction obtained by a non-unanimous jury verdict does not satisfy the Sixth Amendment's jury-trial guarantees. The Court concluded that the Constitution requires unanimity for a criminal conviction.
Perpetual Pre-Trial Detainees
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Perpetuating Racial Discriminatory Practices
This is to be continued!
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