For if the jury has been selected properly, and every juror is a competent and rational person, then the "irrationality" that enters into the deliberation process is precisely the essence of the right to a jury trial. Majority verdicts could destroy it. obvious and should not need saying, that, in so doing, I do not imply that I regard a State's split-verdict system as a wise one. . 404.]. [Footnote 3/2]. The unanimous jury has been so embedded in our legal history that no one would question its constitutional position, and thus there was never any need to codify it. Appellant offers no evidence that majority jurors simply ignore the reasonable doubts of their colleagues or otherwise act irresponsibly in casting their votes in favor of conviction, and before we alter our own longstanding perceptions about jury behavior and overturn a considered legislative judgment that unanimity is not essential to reasoned jury verdicts, we must have some basis for doing so other than unsupported assumptions. Louisiana and Oregon Constitutions. Any person faced with the awesome power of government is in great jeopardy, even though innocent. and due process claims, together with a Fourth Amendment claim also rejected by the Louisiana Supreme Court. guarantee, however it is to be construed, has identical application against both State and Federal Governments.
On the contrary, it is far more likely that a juror presenting reasoned argument in favor of acquittal would either have his arguments answered or would carry enough other jurors with him to prevent conviction. United States v. Johnson, 343 F.2d 5, 6 n. 1 (CA2 1965). There have, of course, been advocates of the view that the duties imposed on the States by reason of the Bill of Rights operating through the Fourteenth Amendment are a watered-down version of those guarantees. Indeed, no criminal case dealing with a unanimous jury has ever been decided by this Court before today, largely because of this unquestioned constitutional assumption. 69—5035. MR. JUSTICE MARSHALL, with whom MR. JUSTICE BRENNAN joins, dissenting. The Court thus has rejected the notion that the Fourteenth Amendment applies to the States only a 'watered-down, subjective version of the individual guarantees of the Bill of Rights.
It is my belief that a unanimous jury is necessary if the great barricade known as proof beyond a reasonable. It has long been thought that the "thou shalt nots" in the Constitution and Bill of Rights protect everyone against governmental intrusion or overreaching. How can that result be squared with the law of the land as expressed in the settled and traditional requirements of procedural due process? There is no reason to believe, on the basis of experience in Oregon or elsewhere, that a unanimous decision of 12 jurors is more likely to serve the high purpose of jury trial, or is entitled to greater respect in the community, than the same decision joined in by 10 members of a jury of 12. We hold that it cannot. Is not there still a lingering doubt about that verdict? 2d 825 (1970), and he appealed here.
Id. However, his most impassioned argument was "that guilt cannot be said to have been proved beyond a reasonable doubt when one or more of a jury's members at the conclusion of deliberation still possesses such doubt." After today, the skeleton of these safeguards remains, but the Court strips them of life and of meaning. . What may appear to one to imply guilt may carry no such overtones to another. In unanimous jury States, this occurs about 5.6 ,% of the time. Appellant argues that, in order to give substance to the reasonable doubt standard, which the State, by virtue of the Due Process Clause of the Fourteenth Amendment, must satisfy in criminal cases, see In re Winship, 397 U. S. 358, 397 U. S. 363-364 (1970), that clause must be construed to require a unanimous jury verdict in all criminal cases. But that is the ultimate reach of decisions that let the States, subject to our veto, experiment with rights guaranteed by the Bill of Rights. A verdict embodies in a single finding the conclusions by the jury upon all the questions submitted to it.". Accord, e.g., Bishop v. United States, 71 App.D.C. Because the second trial may vary substantially from the first, the doubts of the dissenting jurors at the first trial do not necessarily impeach the verdict of a new jury on retrial. They concluded that the Fourteenth Amendment did not require unanimity in state criminal cases. Duncan v. Louisiana, supra, at 391 U. S. 181 (Harlan, J., dissenting). *, The constitutional guarantee of an impartial system of. Rule 31(a) of the Federal Rules of Criminal Procedure states, "The verdict shall be unanimous." , and, consequently, it implied no total obliteration of state laws relating to arrests and searches in favor of federal law.
Of course, the unanimous jury's origin is long before the American Revolution. Yet it is almost inconceivable that anyone would have questioned whether proof beyond a reasonable doubt was in fact, the constitutional standard. Nine of twelve jury members were needed to return a guilty verdict. I fail. But it is the Fourteenth Amendment, rather than the Sixth, that imposes upon the States the requirement that they provide jury trials to those accused of serious crimes. The risk, however, that a jury in a particular case will fail to meet its high responsibility is inherent in any system that commits decisions of guilt or innocence to untrained laymen drawn at random from the community. Clause? Do today's decisions mean that States may apply a "watered down" version of the Just Compensation. As MR. JUSTICE WHITE points out, ante at 406 U. S. 362, "a substantial majority of the jury" are to be convinced. We discern nothing invidious in this classification. Appellant focuses instead on the fact that less than all jurors voted to convict, and argues that, because three voted to acquit, the reasonable doubt standard has not been satisfied, and his conviction is therefore infirm. in this case is whether these provisions allowing less than unanimous verdicts in certain cases are valid under the Due Process and Equal Protection Clauses of the Fourteenth Amendment. He wrote: "If we construe the Bill of Rights and the Fourteenth Amendment to permit States to experiment with the basic rights of people, we open a veritable Pandora's box.
Benton v. Maryland, 395 U. S. 784, 395 U. S. 795. At the time of the lineup, the detention of the appellant was under the authority of this commitment. In Maxwell v. Dow, 176 U.S. at 176 U. S. 605, Mr. Justice Peckham, speaking for eight of the nine members of the Court, so stated: "[W]hen providing in their constitution and legislation for the manner in which civil or criminal actions, shall be tried, it is in entire conformity with the character of the Federal Government that [the States] should have the right to decide or themselves what shall be the form and character of the procedure in such trials, . See Mr. Justice Fortas' opinion in Bloom v. Illinois, 391 U.S. at 391 U. S. 214, which also applied to Duncan. See infra at 406 U. S. 388-394. It is also important in our free society that every individual going about his ordinary affairs have confidence that his government cannot adjudge him guilty of a criminal offense without convincing a proper factfinder of his guilt with utmost certainty. That want of jury unanimity is not to be equated with the existence of a reasonable doubt emerges even more clearly from the fact that, when a jury in a federal court, which operates under the unanimity rule and is instructed to acquit a defendant if it has a reasonable doubt about his guilt, see Holt v. United States, 218 U. S. 245, 218 U. S. 253 (1910); Agnew v. United States, 165 U. S. 36, 165 U. S. 51 (1897); W. Mathes & E. Devitt, Federal Jury Practice and Instructions § 8.01 (1965), cannot agree unanimously upon a verdict, the defendant is not acquitted, but is merely given a new trial. Andres v. United States, 333 U. S. 740, 333 U. S. 748-749 (1948); Patton v. United States, 281 U. S. 276, 281 U. S. 288-290 (1930); Hawaii, v. Mankichi, 190 U. S. 197, 190 U. S. 211-212 (1903) (see also Mr. Justice Harlan's dissenting opinion); Maxwell v. Dow, 176 U. S. 581, 176 U. S. 586 (1900) (see also Mr. Justice Harlan's dissenting opinion); Thompson v. Utah, 170 U. S. 343, 170 U. S. 355 (1898). The dissenting justices considered Louisiana law an inadmissible departure from the principles of unanimity that had been constitutionally recognized.
406 U.S. 356. [Footnote 2/5] In these cases, the Court has presumed that unanimous verdicts are essential in federal jury trials not because unanimity is necessarily fundamental to the function performed by the jury, but because that result is mandated by history. Yet human experience teaches that polite and academic conversation is no substitute for the earnest and robust argument necessary to reach unanimity. See, e.g., Whitus v. Georgia, supra, at 385 U. S. 549-550; Carter v. Texas, supra, at 177 U. S. 447; Strauder v. West Virginia, supra, at 100 U. S. 310. 1891): "A trial by jury is generally understood to mean ex vi termini, a trial by a jury of twelve men, impartially selected, who must unanimously concur in the guilt of the accused before a legal conviction can be had. I had similarly assumed that there was no dispute that the Federal Constitution required a unanimous jury in all criminal cases. See, e.g., 4 W. Blackstone, Commentaries *376; W. Forsyth, History of Trial By Jury 238-258 (1852); M. Hale, Analysis of the Law of England 119 (1716). No longer are questions regarding the constitutionality of particular criminal procedures resolved by focusing alone on the element in question and ascertaining whether a system of criminal justice might be imagined in which a fair trial could be afforded in the absence of that particular element.
do not sometimes act improperly, does the Constitution require protection from inflammatory press coverage and ex parte influence by court officers? Duncan v. Louisiana, 391 U. S. 145 (1968), stands for the proposition that criminal defendants in state courts are entitled to trial by jury. But the majority has embarked on a "functional" analysis of the jury that allows it to strip away, one by one, virtually all the characteristic features of the jury as we know it. When verdicts must be unanimous, no member of the jury may be ignored by the others. . The diminution of verdict reliability flows from the fact that nonunanimous juries need not debate and deliberate as fully as must unanimous juries. . Under today's judgment, nine jurors can simply ignore the views of their fellow panel members of a different race or class. H. Kalven & H. Zeisel, The American Jury 461, 488 (Table 139) (1966). Wong Sun v. United States, 371 U. S. 471, 371 U. S. 488 (1963).
The American Jury, supra, 406 U.S. 356fn3/3|>n. Ind.Const., Art. 1833). MR. JUSTICE WHITE delivered the opinion of the Court. In this country, prior to Duncan, every State had adopted a criminal adjudicatory process calling for the extensive use of petit juries. The latter crime is involved in this case. Indeed, if a necessary majority is immediately obtained, then no deliberation at all is required in these States.
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