The exterior of the Multnomah County Justice Center. Oregon is one of just two states to allow split-jury convictions.
The exterior of the Multnomah County Justice Center. Oregon is one of just two states to allow split-jury convictions. DOUG BROWN

Oregon might soon be the only state in the nation where you can be convicted of a felony without unanimous jury agreement.

In most states, a jury must unanimously agree before convicting someone of a felony. But in two statesā€”Louisiana and Oregonā€”that is not the case. Tomorrow's election results may make Oregon the final outlier

In Oregon, a person can be convicted of a felony if at least 10 out of 12 jurors find them guilty. There is an exception in Oregon for murder charges, which require a unanimous guilty verdict. In Louisiana, a person can be convicted for any felony, including murder, with a 10 out of 12 jury majority.

But Louisiana's Proposition 2 hopes to change that. The ballot measure would require a unanimous jury decision for all felony convictions, upending a rule that many see as a holdover from Jim Crow-era policies.

Andrea Armstrong, a law professor at Loyola University in New Orleans, spoke to NPRā€™s Atlanta station about the split-jury law.

ā€œI would certainly say that African-Americans are disproportionately impacted by this split-jury law,ā€ Armstrong said. ā€œWhat I think is also interesting, though, is this law allows the district attorney to have more leverage in terms of plea deals, in terms of the charges that they make.ā€

Louisiana's split-jury law was written into the state's 1898 constitution, penned shortly after the Civil War. Oregon's law dates back a ballot measure that passed in 1934. Campaign materials for the measure cited the possibility of ā€œuntrained immigrantsā€ being put on juries to fear-bate people into supporting it.

Just this year, two Oregon men were exonerated after being convicted of crimes resulting from a split-jury ruling. The Marshall Project keeps track of more problematic non-unanimous jury convictions.

In Louisiana, the effort to overturn the split-jury law has garnered bipartisan support. That could be the case in the 2019 Oregon Legislative Session as well, as some state senators have floated the possibility of a bill to eliminate split jury verdicts.