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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.
For example, when the First Amendment rights of the media to attend a criminal trial collide with a defendant's Sixth Amendment right to a fair trial, the defendant's Sixth Amendment right takes precedence, and the legal proceeding may be closed (In re Globe Newspaper, 729 F.2d 47 [1st Cir.1984]).imilarly, there is no Sixth Amendment right to a unanimous jury (Apodaca v. Oregon, 406 U.S. 404, 92 S. Ct. 1628, 32 L. Ed. 2d 184 [1972]). The essential feature of a jury lies in the inter-position between the accused and the accuser of the common sense judgment of a group of laymen, the Court wrote in Apodaca.