Alabama Reasonable Doubt by Single Juror
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FAQ
Under Florida's constitution, criminal convictions require a unanimous verdict. This means, in part, that jurors must be in complete agreement that the prosecution has established each element of the charged offense beyond a reasonable doubt.
Rule 47(b) provides a method of alternate juror selection which prevents the alternate from being aware of his status as such until the jury retires to consider its verdict. Note that Rule 47(b) supersedes Title 30, § 53, Code of Alabama, which provided for selection of a jury by preemptory challenges.
If even one member of the jury panel disagrees with the rest, the jury is hung, and the defendant retains the presumption of innocence. A ?hung jury? results in either: a mistrial (which means there may be a retrial with a new jury), a plea bargain to a reduced charge that carries a lesser sentence, or.
There is no requirement that jurors must come to a unanimous verdict. If the jury cannot unanimously agree on a verdict of either Guilty or Not Guilty, this is known as a hung jury. When further deliberation clearly will be unproductive, the judge will declare a mistrial.
In most states, a death sentence may only be imposed by a jury in unanimous agreement. But in two recent cases, defendants faced the possibility of a death sentence despite the objections of jurors. Under Missouri law, a judge may impose a death sentence when the jury deadlocks in the penalty phase.
Reasonable doubt is insufficient evidence that prevents a judge or jury from convicting a defendant of a crime. If it cannot be proved without a doubt that a defendant in a criminal case is guilty, then that person should not be convicted.
If the jury cannot agree on a verdict on one or more counts, the court may declare a mistrial on those counts. The government may retry any defendant on any count on which the jury could not agree.
On individual request, a person may be excused from jury service indefinitely or for a particular term or terms of court if such person: (1) is an actively practicing physician, dentist, or registered nurse; (2) is 70 years of age or older; (3) has active care and custody of a child under 10 years of age, or of an aged ...
