Tuesday, October 08, 2019
Howe Apealing:
http://amylhowe.com/
http://amylhowe.com/2019/10/07/justices-weigh-constitutionality-of-non-unanimous-jury-rule/
Last term in Timbs v Indiana, an Institute for Justice case,
the court found that the 8th Amendment's excessive fines clause was incorporated into the 14th Amendment and applies to the states.
Earlier, in McDonald v City of Chicago, the court had incorporated the Second Amendment into the 14th.
Yesterday, the court heard argument in a case that argues for incorporation of the unanimous jury principle. Louisiana has been sentencing people, mostly poor blacks, to life with hard labor, on the basis of a hung jury.
You can never be sure from oral argument how a case will turn out,
but it seems like Louisiana loses here, and that the unanimous jury right will be incorporated.
Perhaps we'll see a 3rd amendment incorporation case in my lifetime.
http://amylhowe.com/
http://amylhowe.com/2019/10/07/justices-weigh-constitutionality-of-non-unanimous-jury-rule/
Last term in Timbs v Indiana, an Institute for Justice case,
the court found that the 8th Amendment's excessive fines clause was incorporated into the 14th Amendment and applies to the states.
Earlier, in McDonald v City of Chicago, the court had incorporated the Second Amendment into the 14th.
Yesterday, the court heard argument in a case that argues for incorporation of the unanimous jury principle. Louisiana has been sentencing people, mostly poor blacks, to life with hard labor, on the basis of a hung jury.
You can never be sure from oral argument how a case will turn out,
but it seems like Louisiana loses here, and that the unanimous jury right will be incorporated.
Perhaps we'll see a 3rd amendment incorporation case in my lifetime.
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