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Hear this out loud PauseA criminal jury will consist of twelve persons if the sentence for the crime charged is more than one year of confinement (felony). A jury of six persons will serve if the penalty is one year or less of confinement. All criminal cases require a unanimous jury decision in reaching a verdict.
The Grand Jury's Decision and a Prosecutor's Discretion At least 16 (out of 23) grand jurors must be present for a vote, and a unanimous decision is not required. At least 12 members must concur to indict a defendant under the Federal Rules of Criminal Procedure.
(1) Right to Jury Trial. (a) Offenses Punishable by Incarceration. A defendant has a right to a jury trial for any offense punishable by incarceration.
Rule 15. A party may amend a pleading once as a matter of course at any time before a responsive pleading is served or, if the pleading is one to which no responsive pleading is permitted and the action has not been placed upon the trial calendar, the party may so amend it at any time within 21 days after it is served.
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.