Massachusetts Stipulation for Jury Less Than Twelve is a legal procedure that allows a judge to hear a case instead of a jury when the number of jurors is less than twelve. This stipulation is applicable in both criminal and civil cases in the Commonwealth of Massachusetts. There are three main types of Massachusetts Stipulation for Jury Less Than Twelve: 1. Waiver or Stipulation: In this case, both the prosecution and defense can agree to waive their right to a jury trial and allow a judge to hear the case. 2. Stipulation with Assent: This is similar to waiver or stipulation, except that the prosecution and defense must also have the judge’s approval before they can proceed with a judge-tried case. 3. Trial by Consent: In this case, the judge can order a jury trial even if there are less than twelve jurors available. The parties must agree to the judge’s decision before the case can be heard.
Massachusetts Stipulation for Jury Less Than Twelve
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(b) Jury Size. (1) In General. A jury consists of 12 persons unless this rule provides otherwise. (B) a jury of fewer than 12 persons may return a verdict if the court finds it necessary to excuse a juror for good cause after the trial begins.
One primary reason why today's juries tend to have 12 people is that the Welsh king Morgan of Gla-Morgan, who established jury trials in 725 A.D., decided upon the number, linking the judge and jury to Jesus and his Twelve Apostles. The Supreme Court has ruled that smaller juries can be permitted.
The size of jury varies from state to state and depends to some extent on the type of case at trial. In civil cases, especially in courts of limited jurisdiction, the standard size in many jurisdictions is becoming six, which can be increased by stipulation of both parties.
Dismissal. (a) By Attorney for Government . The Attorney General or the United States attorney may by leave of court file a dismissal of an indictment, information or complaint and the prosecution shall thereupon terminate.
(1) In General. A jury consists of 12 persons unless this rule provides otherwise. (B) a jury of fewer than 12 persons may return a verdict if the court finds it necessary to excuse a juror for good cause after the trial begins.
At any time before verdict, the parties, with the approval of the court, may stipulate that the jury shall consist of fewer jurors than required for a full jury, but in no case fewer than six jurors.
Its provisions should be read in connection with M.G.L. c. 234, §§ 34A and 34B. Under section 34A, an agreement of five-sixths of the jury suffices to render a verdict.
It's easier to reach consensus in smaller juries, some research shows, but they're less likely to include diverse viewpoints, and larger, 12-person juries often possess a better collective memory when they adjourn to review testimony and evidence.
