First, overruling precedent here is not only warranted, but compelled. Ramos is even more fragmented than I initially recognized.

Rather, the disputed question here is whether to overrule an erroneous constitutional precedent that allowed non-unanimous juries. In light of our decision today, the dissent worries that defendants whose appeals are already complete might seek to  challenge their nonunanimous convictions through collateral ( Instead, the dissent suggests that the feeble reliance interests it identifies should get a boost because the right to  a unanimous jury trial has “little practical importance going forward.” That point suggests another.

As long as retroactive application on collateral review remains a real possibility, the crushing burden that this would entail cannot be ignored.
On the one hand, Justice Powell agreed that, as a matter of “history and precedent, .

That history would be relevant if there were no legitimate reasons why anyone might think that allowing non-unanimous verdicts is good policy.

And so, too, is  Historically, moreover, some of the Court’s most notable and consequential decisions have entailed overruling precedent. The issue had been presented to the Supreme Court years ago in Apodaca v.

A. J. The issue had been presented to the Supreme Court years ago in Despite isolated 17th-century colonial practices allowing nonunanimous juries, “unanimity became the accepted rule during the 18th century, as Americans became more familiar with the details of English common law and adopted those details in their own colonial legal systems.”  In light of the express language used in some State Constitutions, respondent Louisiana argues that the omission of an express unanimity requirement in the  There is also considerable evidence that this understanding persisted up to the time of the  “The terms ‘jury,’ and ‘trial by jury,’ are, and for ages have been well known in the language of the law.

But not in Louisiana.

14, §1. A leading work on criminal procedure explained that if a “statute authorizes [a jury] to find a verdict upon anything short of . The U.S. Supreme Court moved swiftly today to resolve the question of whether its April 20 decision on nonunanimous juries applies retroactively to cases on federal habeas corpus. The Supreme Court’s Monday decision in Ramos v. Louisiana is unalloyed good news: A majority held that the Constitution requires conviction by a …

It does not claim that the  Fifth, it is not accurate to say that Justice White based his conclusion on a cost-benefit analysis of requiring jury unanimity.

He contests his conviction by a nonunanimous jury as an unconstitutional denial of the 2016–1199 (La. “All the books of the law describe a trial jury substantially as we have stated it. It does. The truth is that we have little contemporaneous evidence shedding light on why the Senate acted as it did. What matters instead is that, as the majority rightly stresses,  In contrast to the criminal-procedure context, “[c]onsiderations in favor of  This case, by contrast, threatens no broad upheaval of private economic rights. Nevertheless, the plight of defendants convicted by non-unanimous votes is important and cannot be overlooked, but that alone cannot be dispositive of the  The reliance in this case far outstrips that asserted in recent cases in which past precedents were overruled. See  Fourth, it is hard to know what to make of the functionalist charge. To overrule a constitutional decision, the Court’s precedents on precedent still require a “special justification,”  As the Court has exercised the “judicial Power” over time, the Court has identified various the precedent’s consistency and coherence with previous or subsequent decisions;the reliance interests of those who have relied on the precedent; andBut the Court has articulated and applied those various individual factors without establishing any consistent methodology or roadmap for how to analyze all of the factors taken together. But  that is undeniably false. In constitutional cases, by contrast, the Court has repeatedly said—and says again today—that the doctrine of  That said, in constitutional as in statutory cases, to “overrule an important precedent is serious business.” Jackson, 30 A. Indeed, in 2018, Louisiana amended its constitution to require jury unanimity in criminal trials for crimes committed on or after January 1, 2019, meaning that the transition is already well under way in Louisiana.


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