Impact of Louisiana’s New Criminal Justice Laws on Criminal Defense Attorneys

Louisiana has significantly toughened its stance on crime as Governor Jeff Landry enacted several legislative measures aimed at extending prison sentences for offenders, permitting unlicensed concealed gun carriage, and reintroducing the electric chair alongside nitrogen gas as execution methods for individuals on death row.

Governor Landry, who previously served as the state’s attorney general before his 2023 gubernatorial win, highlighted that these actions were in line with his commitment to address violent crime, a pledge he made to the victims. During the ceremony at Baton Rouge’s state capital building, he underscored the need for a shift in the justice system’s focus from protecting the rights of offenders to prioritizing the victims.

Landry criticized Louisiana’s poor safety record and the continuous outmigration due to safety concerns. He mentioned the annual $6 billion crime cost to the major cities of New Orleans, Baton Rouge, and Shreveport, emphasizing that safety is crucial for attracting residents to the state.

The governor’s signatures came after the state’s Republican-led Legislature passed the bills. These new laws aim to resume executions after a 14-year hiatus, introducing nitrogen hypoxia and bringing back the electric chair, known as “Gruesome Gertie,” for this purpose. Landry mentioned deterrence as a key motive behind these changes, amidst the backdrop of victims’ families.

In a move to relax gun control, another bill signed by Landry enables concealed firearm carrying without a permit or training and introduces a form of qualified immunity for concealed carry license holders using their weapon in self-defense. This law, which also lowers the concealed firearm carrying age to 18, has faced criticism for potentially complicating police efforts to mitigate shootings and homicides.

Additionally, Landry endorsed legislation eliminating parole and restricting sentence reductions for good behavior, aiming to ensure that convicted criminals serve the majority of their sentences. The so-called Truth in Sentencing Bill demands inmates serve at least 85% of their sentence before qualifying for a reduced sentence for good conduct, significantly curtailing the scope for sentence reductions.

Further legislative actions expected to be signed include laws that would lower the age for trying minors as adults and modify sentencing rules for juveniles convicted of serious crimes, including making some juvenile records public for the first time.

The changes in Louisiana’s criminal justice laws, as outlined in the recent legislative measures signed by Governor Landry, have significant implications for criminal defense lawyers in the state. Here are some of the impacts these changes could have on their practice:

1. Increased Demand for Legal Representation: With the enactment of laws that lead to longer prison sentences and the removal of parole for certain offenses, there will likely be an increased demand for criminal defense attorneys. Individuals facing charges will be more incentivized to seek legal representation in an attempt to mitigate the potentially harsher penalties.

2. Changes in Defense Strategies: The elimination of parole for convicted individuals and the reduction in sentence reductions for good behavior mean that plea negotiations and defense strategies will need to be adjusted. Defense attorneys may place a greater emphasis on negotiating plea deals that avoid the harshest penalties or focus on acquittal at trial to circumvent the new sentencing guidelines.

3. Challenges in Gun Law Cases: The law allowing people to carry concealed weapons without a permit or training could complicate defense strategies in cases involving firearms. Criminal defense lawyers will need to be well-versed in the nuances of the new law, especially when defending clients in cases where self-defense claims are made. Understanding the qualified immunity provision for concealed carry license holders will be crucial.

4. Increased Scrutiny of Juvenile Cases: With the possibility of trying more juveniles as adults and the introduction of laws that affect juvenile sentencing, defense attorneys specializing in juvenile cases will face new challenges. They will need to navigate the complexities of these laws to effectively represent their young clients, especially in cases where the minors could be tried as adults or face severe sentences.

5. Educational Efforts: Criminal defense attorneys may find themselves spending more time educating their clients about the new laws and their implications. This includes explaining the risks of carrying concealed weapons without proper understanding of the legal protections and potential liabilities, as well as the consequences of the new sentencing laws.

6. Preparation for Longer Trials: With the stakes raised by the new sentencing guidelines, there may be fewer incentives for defendants to accept plea deals, potentially leading to more cases going to trial. This could result in a need for more thorough case preparation and longer, more complex trials.

7. Appeals and Post-Conviction Relief: The changes could lead to an increase in appeals and post-conviction relief efforts as defendants seek to challenge convictions or the application of the new laws. Defense lawyers will need to be prepared to handle complex appellate issues related to these legislative changes.

Overall, these legal changes are likely to make the landscape for New Orleans criminal defense lawyers more complex, requiring attorneys to adapt their practices in several key areas.