A cornerstone of democracy here in America is requiring proof beyond reasonable doubt in order to convict a defendant in a criminal trial. However, due to an unusual state law, in most felony cases in Louisiana, only 10 of 12 jurors are required to concur in order to acquit or convict someone.
Louisiana is one of two states in the country to allow non-unanimous felony convictions. Unsurprisingly, wrongful convictions are very common in Louisiana, perhaps due to this Jim Crow-era law. Of the 49 people discovered to have been wrongly convicted in Louisiana since 1990, 11 were convicted by non-unanimous juries.
The Louisiana Senate and House of Representatives passed the referendum to repeal the law and it now awaits a vote by the people on the November ballot. Louisiana voters may finally have a chance to rid our state of the controversial law allowing split-jury decisions. 
Louisiana courts operate very inefficiently compared to other U.S. states. Other states’ courts have fewer problems making decisions with unanimous juries and typically have less wrongful convictions. Research shows that non-unanimous juries are less tedious in their deliberations, which, in effect, increases the risk of wrongful convictions—a major issue here in Louisiana.
In the Reconstruction era following the Civil War, white supremacy and racism remained abundant in Louisiana society, resulting in many racist Jim Crow-era policies. The Advocate found that across Louisiana, blacks are less likely to be included in jury pools than whites.
At the 1898 state constitutional convention, Louisiana lawmakers passed a law allowing for split-jury decisions. This turned out to be especially disadvantageous to black defendants.
Data from a study by The Advocate showed that black defendants were roughly 30 percent more likely to be convicted by juries with one or two holdouts compared to white defendants.
This Louisiana jury rule differs greatly from the federal government and 48 state governments. Only in Louisiana can a person accused of murder be sentenced to a life term without chance of parole, even if two of the 10 jurors do not reach the same verdict.
The continued existence of this outdated law proves Louisiana’s criminal justice system is in desperate need of reform. The right to a fair trial is an inalienable right guaranteed to our country’s citizens and should not be infringed upon.
In a state known for having one of the highest incarceration rates in the country, this bill gives Louisiana an opportunity to catch up with the rest of the country in criminal justice reform.
The 10-2 jury rule is an unfair law that favors prosecutors, and is an insult to a fair trial. Louisiana voters must vote in favor of eliminating the rule to begin improving the state’s broken criminal justice system.
Max Nedanovich is a 21-year-old mass communication junior from Mandeville, Louisiana.
Editor’s note: An earlier version of this story stated the bill will move to the Louisiana House of Representatives for approval before adding it to the November ballot for voters. It has been updated to reflect that it has passed both chambers and awaits a vote by the people on the November ballot.