"When criminal juries disagree, but someone goes to prison anyway" by Caroline K. Eisner (Bloomberg Law)
Bloomberg LawCaroline K. Eisner
It sounds like common sense. To send someone to prison, a jury must unanimously agree on the defendant’s guilt. But earlier this term, the U.S. Supreme Court heard oral argument in Ramos v. Louisiana, which raises the question of whether the Sixth Amendment actually requires unanimity in a state jury trial.
Just two states—Louisiana and Oregon—allow criminal convictions by nonunanimous juries, and the Supreme Court has an opportunity to put an end to the practice. Its decision may also go a long way to determining whether anomalies in the incorporation doctrine persist.