CRIMINAL LAW - JURY - UNANIMOUS JURY VERDICT IS NOT CONSTITUTIONALLY REQUIRED IN STATE CRIMINAL CASES

• NCJ Number: 12721
• Journal: Wisconsin Law Review Volume: 1973 Issue: 3 Dated: (1973) Pages: 926-933
• Author(s): J H JOHNSON
• Date Published: 1973
• Length: 8 pages
• Corporate Author: University of Wisconsin-Madison
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

REVIEW OF THE SUPREME COURT RULING IN JOHNSON V LOUISIANA (1972) THAT A FELONY CONVICTION BY A NONUNANIMOUS JURY ALLOWED UNDER STATE LAW DOES NOT VIOLATE THE DUE PROCESS RIGHTS OF THE ACCUSED.

Abstract

THE APPELLANT ARGUED THAT SINCE THE REASONABLE DOUBT STANDARD HAD BEEN HELD APPLICABLE TO THE STATES AS A MATTER OF DUE PROCESS, UNANIMITY MUST ALSO BE A DUE PROCESS REQUIREMENT TO GUARANTEE THAT A FINDING OF GUILT WOULD BE MADE ONLY WHEN JURORS WERE CONVINCED BEYOND A REASONABLE DOUBT. THE COURT RULED THAT NOT ONLY IS NONUNANIMITY NOT A DUE PROCESS REQUIREMENT IN STATE CASES, BUT ALSO THAT IT IS NOT A LOGICALLY INTEGRAL FEATURE OF THE REASONABLE DOUBT STANDARD. THIS DECISION WAS BASED ON FINDINGS THAT A MAJORITY VERDICT IN STATE CRIMINAL CASES IS NOT CONSTITUTIONALLY PROHIBITED AND THAT A MAJORITY VERDICT DOES NOT LOWER THE STATE'S BURDEN OF PROOF.