Louisiana's 'Tough-on-Crime' Bill Could End Jury Trials for Many

What happens when you take power from the people and put it in the hands of judges and prosecutors?

Photo by David Veksler on Unsplash

Louisiana lawmakers are pushing legislation that would make it easier to deny low-level offenders their right to a jury trial.

This is part of an effort on the part of Republican state lawmakers to bolster their “tough on crime” credentials. House Bill 279 would change how the state handles trials for low-level offenses by redefining when a defendant can demand a jury trial involving six peers rather than a single judge decide their fate.

The measure is a component of Louisiana’s crime package that would roll back criminal justice reforms, treat more teenagers as adults, expand death penalty methods, and cut back on parole, according to The Associated Press.

This push is aimed at shifting power from ordinary Louisianans to prosecutors and judges — which would make it easier for the authorities to put people behind bars even for low-level offenses.

Under the current law, those facing misdemeanor charges are entitled to a jury if the law allows “a fine in excess of one thousand dollars or imprisonment for more than six months. The new legislative proposal would alter the language to say that a defendant would only be entitled to a jury trial if they face fines over $2,500 or six months incarceration.

This means more cases will fall under the purview of single judges rather than a jury of peers.

Republican state lawmakers argue that this bill, along with the others in the package, are important for prioritizing victims while keeping criminals off the streets. Yet, many on the other side of the issue point out that this will not actually deter crime and only result in mass incarceration. Indeed, Republicans have not provided a shred of proof showing that the criminal justice reforms enacted in 2017 caused spikes in violent crimes.

Here’s the thing: The Sixth Amendment guarantees citizens the right to a “speedy and public trial, by an impartial jury” in criminal prosecutions. The Supreme Court has interpreted that right to apply to the states through the 14th Amendment.

By more than doubling the fine threshold, these lawmakers seek to subvert the Constitution by denying their right to a jury trial. At the end of the day, the jury is supposed to be a bulwark between an overzealous government and the people it eagerly wants to throw into prison cells. It will push more low-income defendants into quick bench trials or guilty pleas. In other words, they want an outcome that strips power from the people and turns it over to the government.