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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.
The jury will be told when they first retire that they must reach a unanimous verdict. Since 1974 juries have been allowed, in certain circumstances, to reach a majority verdict. This is a verdict of 11-1 or 10-2.f there are 9 or fewer jurors then the verdict has to be unanimous. The minimum period of time that the jury have to have been thinking about their verdict (âin retirementâ) before a jury can return a majority verdict is 2 hours 10 minutes. In practice, Judges will give a jury longer than that.