Hawaii Competence — Unanimous Verdict is a legal term used in the state of Hawaii that refers to the requirement of a unanimous agreement among jurors in a criminal case in order to render a verdict of guilt or innocence. This legal principle ensures that a defendant's guilt must be established beyond a reasonable doubt by all jurors before a conviction can be made. In Hawaii, there are no different types or variations of Competence — Unanimous Verdict. The principle remains the same regardless of the type of criminal case being tried. Whether it is a misdemeanor or felony case, the jury must reach a unanimous decision in order to establish the defendant's guilt or innocence. The Competence — Unanimous Verdict requirement in Hawaii holds significant importance as it guarantees that every juror has carefully considered the evidence and reached a shared conclusion on the defendant's guilt. This principle is rooted in the idea that a person's liberty should not be taken away unless there is absolute certainty of their guilt. It further ensures that the defendant receives fair and equal treatment in the criminal justice system. When the jury in a criminal trial fails to reach a unanimous verdict, it results in a hung jury. In such cases, the prosecuting attorney may decide to retry the case with a different jury, or the defendant may benefit from a mistrial if it is declared by the judge. Mistrials occur when the jury is unable to agree on a verdict, and this allows for a fresh start in the legal process. The Competence — Unanimous Verdict principle in Hawaii aligns with the constitutional right to a fair trial and serves as a crucial safeguard against possible errors or biases in the criminal justice system. It ensures that no individual's freedom is compromised without a collective agreement from the jurors after considering all the evidence presented during the trial. Overall, Hawaii Competence — Unanimous Verdict is a foundational aspect of the criminal justice system in the state. It ensures that due process is followed, provides protection for defendants, and upholds the principles of fairness and justice in legal proceedings.
Hawaii Competence - Unanimous Verdict
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FAQ
In order for a verdict to be unanimous, all jurors must have reached a final decision, one that is clear and unambiguous. The trial court judge is responsible for making sure that a verdict satisfies this requirement, and often does so by ?polling? each juror in open court.
The unanimity requirement as commonly applied means that all the members of the jury must agree upon the verdict?whether for conviction or acquittal. If any of the jurors fail to agree, the jury is "hung"?that is, unable to reach a verdict.
That all members of the jury must agree unanimously on a final verdict has long been a traditional feature of trial by jury.
The vast majority of states require that a criminal defendant be convicted at trial by a unanimous jury verdict. Only two states have had laws to the contrary, Louisiana and Oregon.
This situation is a mistrial, sometimes referred to as a "hung jury," and may mean the case goes to trial again with a new jury.
The finding of guilty or not guilty by a jury requires a unanimous verdict. That is, all 12 jurors must be in agreement. All 12 members of the jury had to have reached the same conclusion concerning the accused's guilt beyond a reasonable doubt before a conviction could be returned.
