Kentucky Competence - Unanimous Verdict
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In a civil case, the judge will tell you how many jurors must agree in order to reach a verdict. In a criminal case, the unanimous agreement of all 12 jurors is required.
United States, 333 U.S. 740, 748 (1948) ( Unanimity in jury verdicts is required where the Sixth and Seventh Amendments apply. In criminal cases this requirement of unanimity extends to all issues?character or degree of the crime, guilt and punishment?which are left to the jury. ); Maxwell v.
If a jury is unable to reach a unanimous verdict and results in a hung jury, the case may be retried with a new jury. If the second jury is also unable to reach a verdict, the judge may declare a mistrial.
United States, 333 U.S. 740, 748 (1948) ( ?Unanimity in jury verdicts is required where the Sixth and Seventh Amendments apply. In criminal cases this requirement of unanimity extends to all issues?character or degree of the crime, guilt and punishment?which are left to the jury.? ); Maxwell v.
In District Court civil cases, at least five-sixths (five of the six) jurors must agree in order to return a verdict. In criminal cases, all jurors must agree in order to reach a verdict. Failure to reach a unanimous decision will result in a mistrial and the case will be retried before a new jury.
Thirty states allow a non-unanimous verdict to be effective in civil cases; the most common rule (in 16 states) allows a verdict based on 5/6ths of the jury. Only a minority of states retain the unanimous verdict requirement for civil cases.
In a civil case, the judge will tell you how many jurors must agree in order to reach a verdict. In a criminal case, the unanimous agreement of all 12 jurors is required.
In a criminal trial, a guilty verdict must be unanimous. If even one juror votes to acquit, it leads to a ?hung jury? and a mistrial.
