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The US Supreme Court declined on Tuesday to take up a case examining whether the Sixth Amendment right to a jury trial requires that juries in criminal cases reach their verdicts unanimously. Two states, Louisiana and Oregon, permit convictions on less-than-unanimous jury verdicts. In both states a defendant can be convicted by an 11-to-1 or 10-to-2 vote. All other states and the federal government require that jurors reach a verdict unanimously. Lawyers urging the high court to take up their case alleged that the jury process in Louisiana is a vestige of a Jim Crow-era policy that sought to undermine African-American participation in the criminal-justice system.
Number of Jurors; Verdict; Polling. (a) Number of Jurors. A jury must begin with at least 6 and no more than 12 members, and each juror must participate in the verdict unless excused under Rule 47(c). (b) Verdict. Unless the parties stipulate otherwise, the verdict must be unanimous and must be returned by a jury of at least 6 members. (c) Polling.