In his book Jim Crow’s Last Stand: Nonunanimous Criminal Jury Verdicts in Louisiana, historian Thomas Aiello describes how the rationale for such a policy is not simply an innocent difference in respective state constitutions but grounded in a history of racism. The policy, stemming from post-Reconstruction white supremacy, was meant to funnel Black people into the convict leasing system, replacing in part the labor force lost as a result of emancipation. The policy also had the effect of suffocating the political and judicial power of Black people in Louisiana.
