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Majority Verdicts

Author : New South Wales. Law Reform Commission
Publisher :
Page : 100 pages
File Size : 43,63 MB
Release : 2005
Category : Criminal procedure
ISBN : 9780734726193

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It is generally considered that the requirement of unanimity results in more hung juries than does the alternative system of requiring only a majority of jurors to agree on a verdict. What constitutes a majority differs between jurisdictions that have embraced the concept, and may also depend on the type of offence being tried. This Report examines arguments for and against preserving the unanimity rule.

Majority Jury Verdicts

Author : Gareth Griffith
Publisher :
Page : 22 pages
File Size : 40,92 MB
Release : 1996
Category : Jury
ISBN : 9780731059454

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The Supreme Court against the Criminal Jury

Author : John A. Murley
Publisher : Lexington Books
Page : 141 pages
File Size : 30,49 MB
Release : 2014-06-12
Category : Political Science
ISBN : 0739136232

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The Supreme Court against the Criminal Jury: Social Science and the Palladium of Liberty is an analysis of the United States Supreme Court decisions in what has come to be called the “jury-size” and “jury-decision rule” cases. In Williams v. Florida (1970) and Ballew v. Georgia (1978), a majority of the Supreme Court looked to history, empirical studies, and functional analysis to support its claim that there was “no discernible difference” between the verdicts of juries of six and juries of twelve. In the process the Court also decided that the number twelve was an historical accident and that the twelve-member jury was not an essential ingredient of trial by jury. Two years later, the Court, following essentially the same line of reasoning used in Williams, decided in the companion cases Apodaca v. Oregon (1972) and Johnson v. Louisiana (1972) that defendants were as well served with juries that reached verdicts by a majority vote of 11-1,10-2 and 9-3 as they were with unanimous jury verdicts. In these cases the Supreme Court rejected the centuries old common law view that the unanimous jury verdict was an essential element of trial by jury. With these four decisions, the criminal jury as it had been known for more than six hundred years under the common law and the Constitution was in principle abandoned. We critique these decisions from the perspective of unreliable jury studies and the impact of these decision on jury nullification.