Which jurisdictions require jurors to reach unanimous decisions in criminal cases?
Since 1970, U.S. Supreme Court decisions have allowed states to move away from the traditional federal jury standard of 12 members who must reach a unanimous verdict. Specifically, 6-member juries were held constitutional in Williams v. Florida, 399 U.S. 78 (1970). Nonunanimous verdicts were upheld in Apodaca v. Oregon, 406 U.S. 404 (1972). The relaxation of traditional size and verdict requirements is most prevalent for misdemeanors.In Alabama, in any trial (except capital cases) by a jury of less than 12 (where parties have stipulated to a lesser number), the verdict must be unanimous (R.Cr.P. 18(c)). Kentucky, Nebraska, New Hampshire, and North Dakota require unanimity. Louisiana permits nonunanimous juries in felony trials (Const. art. 1, sec. 17(A)). Oklahoma permits nonunanimous verdicts for misdemeanors. Oregon uses a 12-member jury for felony cases but allows a decision of 10 out of 12 (see also Const. art. 1 sec. 11). Some states continuing to use a 12-member jury and requirin
