Hawaii Competence - Unanimous Verdict

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US-00878
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Description

Sample Jury Instruction - This sample jury instruction, states that the jury's decision must be unanimous.

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FAQ

In order for a verdict to be unanimous, all jurors must have reached a final decision, one that is clear and unambiguous. The trial court judge is responsible for making sure that a verdict satisfies this requirement, and often does so by ?polling? each juror in open court.

The unanimity requirement as commonly applied means that all the members of the jury must agree upon the verdict?whether for conviction or acquittal. If any of the jurors fail to agree, the jury is "hung"?that is, unable to reach a verdict.

That all members of the jury must agree unanimously on a final verdict has long been a traditional feature of trial by jury.

The vast majority of states require that a criminal defendant be convicted at trial by a unanimous jury verdict. Only two states have had laws to the contrary, Louisiana and Oregon.

This situation is a mistrial, sometimes referred to as a "hung jury," and may mean the case goes to trial again with a new jury.

The finding of guilty or not guilty by a jury requires a unanimous verdict. That is, all 12 jurors must be in agreement. All 12 members of the jury had to have reached the same conclusion concerning the accused's guilt beyond a reasonable doubt before a conviction could be returned.

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Hawaii Competence - Unanimous Verdict