Bill Providing Remedy for People in Prison with Non-Unanimous Jury Convictions Fails
Senate committee fails to approve bill as hundreds rally for Lobby Day to end Jim Crow Juries
Today, as hundreds of citizens and advocates rallied at the Capitol to end the legacy of Jim Crow in jury convictions, a Louisiana state senate committee voted to defer Sen. Royce Duplessis’ bill (SB383) to provide new remedies to people incarcerated with unconstitutional non-unanimous jury verdicts. The Promise of Justice Initiative (PJI), Voice of the Experienced (VOTE), the Power Coalition, and many other coalition members joined families and loved ones of people incarcerated with non-unanimous jury convictions for the second End Jim Crow Juries Lobby Day, and many supporters testified before the Senate in favor of the bill during the committee hearing.
“Louisiana is the only state where hundreds of people with non-unanimous jury convictions are incarcerated in prisons,” said Hardell Ward, Director of Community Impact and former lead attorney for the Non-Unanimous Jury project at PJI. “Today was about telling the legislature that it is their responsibility to right this wrong, and we are deeply disappointed to see this committee abdicate its duty to address this injustice. We will continue to stand with the nearly 1,000 individuals and their families impacted by these illegal jury verdicts until they see the relief owed to them.”
In 2018, advocates and supporters organized the “Yes on 2” campaign which resulted in a successful state constitutional amendment outlawing non-unanimous jury convictions in Louisiana going forward. In 2019, the Promise of Justice Initiative took the case Ramos v. Louisiana to the United States Supreme Court which ruled that non-unanimous jury verdicts violate the Sixth Amendment. However, the Louisiana Supreme Court subsequently refused to apply the Ramos decision for past convictions, denying about 1,500 people legal relief.
“In 2018, we built a movement to end this Jim Crow non-unanimous jury system,” said Norris Henderson, Executive Director of VOTE. “That constitutional amendment won with over sixty percent of the vote. The people weren’t given a choice to make their decision retroactive, but they sent a clear message. It's now up to the Louisiana Legislature to do their part and address the people still suffering under this system. Today’s event is about justice, about doing what's right and fair. It’s about making the voice of the people heard.”
Today, currently and formerly incarcerated people and advocates turned to the Louisiana Legislature to create a pathway for relief for everyone incarcerated under unconstitutional jury convictions. Sen. Duplessis’ bill would have added non-unanimous jury verdict to an existing list of grounds upon which a person can file for post-conviction relief, such as receiving the opportunity of a new trial. The bill fell on a 4-3 vote.
“The United States Supreme Court agreed in Ramos that juries must agree on the guilt of someone to take their freedom away. It is unconscionable that Louisiana uses a loophole to trap people without constitutional convictions in prison,” said Samantha Kennedy, PJI Executive Director. “The historical record shows that non-unanimous or Jim Crow Jury convictions were designed with racist intent and have successfully eased the ability of prosecutors to get convictions, disproportionately incarcerating Black people for more than 100 years. Louisiana lawmakers had the opportunity to address this racist history and to recognize the rights of Louisianans to a fair process and to freedom. Today they failed 1,000 people stuck in prison and their families. They failed all of us.”
The coalition for lobby day and the legislative efforts includes the Promise of Justice Initiative, VOTE, the Power Coalition for Equity and Justice, PIPES, A Mother’s Voice, and a community of activists, families, and citizens from across Louisiana. This was the fourth year in a row that legislative efforts were mounted to right this wrong.
“The Power Coalition supported VOTE, PJI, and many others in ending the practice of non-unanimous juries,” said Ashley Shelton, Executive Director of the Power Coalition. Sixty-four percent of voters elected to end the racist practice. We stand here today in partnership to ensure that anyone convicted by a non-unanimous jury gets a fair and just trial.”
Non-unanimous juries are called “Jim Crow Juries” because they originated as laws intended to subjugate Black Louisianans during the Jim Crow era following Reconstruction. More information on efforts to abolish Jim Crow Juries may be found on the PJI website.
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About the Organizations
The Promise of Justice Initiative (PJI) is a Louisiana-based decarceration legal organization. Our work includes a unique combination of impact litigation, strategic criminal litigation, organizing, and legislative advocacy. At PJI, we believe in the dignity, autonomy, and value of all people, including those in prison and their families. Our work challenges the notion that prisons keep us safe and that people with convictions do not have rights. We believe that those who harm others have been harmed and that healing breaks the cycle. To learn more, visit www.promiseofjustice.org.
The Power Coalition is a team of organizations who believe in the power of community and taking action. The Power Coalition is building an integrated civic engagement strategy that amplifies the voices of those who have historically been ignored and organizes them into a unified movement. Learn more at www.powercoalition.org.
VOTE is a grassroots organization founded and run by formerly incarcerated people (FIP), families, and allies. We build power through community organizing, policy advocacy, and civic engagement. We are dedicated to restoring the full human and civil rights of those most impacted by the criminal (in)justice system. Together, we have the experiences, expertise, and power to improve public safety in Louisiana and beyond without relying on mass incarceration. Learn more at www.voiceoftheexperienced.org.
PIPES (Priority, Intentions, Practical Exchanges) is an organization that helps our youth in Shreveport, Louisiana, keeps our youth from going to prison, and teaches them the skills to stay from going to school to prison pipeline. Learn more at www.pipes4change.org.
A Mother’s Voice is made up of mothers of presently and formerly incarcerated families. Our motto is “We Speak 4 Them. There is nothing like the love of a mother for her child. We stand firm in support of all mothers that are going through this. If their hearts are heavy, so are ours; if they cry, we cry; if they march, we march with them; if they need support, we're there to support; if they can't speak for themselves, we speak for them. A Mother's Voice Support Group. Learn more at www.facebook.com/amothersvoicewespeak4them.