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- Path: sparky!uunet!olivea!pagesat!netsys!ukma!cyeomans
- From: cyeomans@ms.uky.edu (Charles Yeomans)
- Newsgroups: rec.martial-arts
- Subject: Re: Car Jack
- Message-ID: <C17x63.DH4@ms.uky.edu>
- Date: 21 Jan 93 19:08:26 GMT
- References: <1993Jan7.053829.10755@ucsu.Colorado.EDU> <1993Jan20.112845.7967@ms.uky.edu> <1993Jan20.235903.4284@ucsu.Colorado.EDU>
- Organization: University Of Kentucky, Dept. of Math Sciences
- Lines: 38
-
- In article <1993Jan20.235903.4284@ucsu.Colorado.EDU> fcrary@ucsu.Colorado.EDU (Frank Crary) writes:
- >In article <1993Jan20.112845.7967@ms.uky.edu> cyeomans@ms.uky.edu (Charles Yeomans) writes:
- >>>>But that's not why I'm writing. I you do carry a gun and you end up
- >>>>using it to legally defend yourself, it might save your life; and if
- >>>>you've been really good, you just might get someone like me on your
- >>>>jury. It only takes one not guilty out of twelve to acquit.
- >
- >>>Actually, one vote will hang the jury: The government then has the
- >>>option of starting all over again with a new jury and a new trial.
- >
- >>This is not true. A jury can convict without a unanimous decision.
- >>In fact, a 9-3 vote for guilty has been upheld at the appellate level.
- >>A jury of less than 12 people can be empaneled in a criminal trial, as well.
- >
- >I think that's only in civil cases: In criminal cases, all the
- >verdict has to be unanimous. The number of jurors does vary from
- >state to state, and (for all i know) there might even be a few
- >states where a majority of the jury can convict, but as a
- >general rule, it's twelve jurors all of whom must find the
- >defendant guilty...
- >
- The verdict does not necessarily have to be unanimous in a criminal case.
- I asked my wife, who is currently teaching criminal law at the local
- law school, about this. She told me again that, in criminal trials,
- unanimity is not required for either verdict. The question of the
- percentage needed to support a verdict is still not decided. For instance,
- with a six person jury, unanimity seems to be needed for a verdict, but
- for larger juries this has been relaxed a bit.
-
- I am certain that this sort of thing varies from state to state. But, while
- trial by jury is mentioned in the US Constitution, there is no mention
- of the precise numbers needed to convict or acquit. This is to be
- worked out in common law - or codified by states.
-
- Charles Yeomans
-
- P.S. I ain't no lawyer and I don't claim to be offering a legal opinion.
- If you want a legal opinion, you should find a lawyer and pay him money.
-