Idaho Competence - Unanimous Verdict
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FAQ
A Unanimous Decision The verdict in a criminal case must be unanimously decided, meaning every single one of the jurors must agree with a finding of guilty or not guilty.
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.
When it is time to count votes, it is the presiding juror's duty to see that this is done properly. In a civil case, the judge will tell you how many jurors must agree in order to reach a verdict. In a criminal case, the unanimous agreement of all 12 jurors is required.
For misdemeanor crimes a unanimous jury of six individuals must make a decision of guilt before a person is convicted. For felony crimes a unanimous jury of 12 individuals must make a decision of guilt before a person is convicted.
Unanimous verdicts also protect jury representativeness?each point of view must be considered and all jurors persuaded. Studies have shown that minority jurors participate more actively when decisions must be unanimous.
Verdicts in both civil and criminal cases must be unanimous, although the parties in a civil case may agree to a non-unanimous verdict.
If a jury is unable to reach a unanimous verdict and results in a hung jury, the case may be retried with a new jury. If the second jury is also unable to reach a verdict, the judge may declare a mistrial.
Unlike a jury verdict, an appellate court decision does not have to be unanimous. A majority decides the case. That means that a Court of Appeals case can be decided by two out of three judges, and a Supreme Court case can be decided by four out of seven justices.
