NCJ Number
13510
Journal
Judicature Volume: 57 Issue: 1 Dated: (JUNE-JULY 1973) Pages: 12-17
Date Published
1973
Length
6 pages
Annotation
SIGNIFICANCE AND LEGITIMACY OF VERDICTS IS SEEN AS REDUCED THROUGH SUPREME COURT RULINGS GOVERNING STAFF JURY TRIALS ALLOWING REDUCTION IN SIZE AND NON-UNANIMOUS DECISIONS.
Abstract
THE AUTHOR STATES THAT ALTHOUGH CRIMINAL JURY TRIALS IN SERIOUS CASES ARE STILL REQUIRED, THEY ARE RENDERED ALMOST MEANINGLESS BY PROVISIONS FOR SIX-MEMBER. NON-UNANIMOUS JURIES. THE SUPREME COURT DECISIONS WHICH LED TO THIS SITUATION ARE BRIEFLY DISCUSSED, AND THE POSSIBILITY OF NEGATIVE REACTIONS BY GROUPS SUCH AS MINORITIES TO THE CONSEQUENCES OF THESE DECISIONS IS RAISED. A STUDY IS CITED WHICH SHOWS AN ENORMOUS DECREASE IN THE NUMBER OF POSSIBLE INTERPERSONAL RELATIONSHIPS IN GROUPS AS THE SIZE IS REDUCED FROM TWELVE TO SIX. THIS REDUCTION IS SEEN AS PERHAPS AFFECTING THE REPRESENTATIVE CAPACITY OF A JURY. THE AUTHOR ALSO PROPOSES A LINK BETWEEN UNANIMOUS CRIMINAL JURY VERDICTS AND PROOF BEYOND A REASONABLE DOUBT, FOR IF THERE IS ONE DISSENT, THEN SUCH PROOF HAS NOT BEEN GIVEN. LEGITIMACY OF VERDICTS IS SEEN TO BE ENHANCED BY UNANIMOUS DECISION.