New York Competence - Unanimous Verdict
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FAQ
(a) Unanimous verdict not required. A verdict may be rendered by not less than five-sixths of the jurors constituting a jury.
New York State Constitution Article 1 §2 Right to trial by jury; waiver thereof. Trial by jury in all cases in which it has heretofore been guaranteed by constitutional provision shall remain inviolate forever; but a jury trial may be waived by the parties in all civil cases in the manner to be prescribed by law.
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.
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.
The jury are asked by the judge to reach a unanimous verdict - that means, they should all agree on whether the defendant is 'guilty' or 'not guilty'. If they can't do that after carefully considering and discussing the evidence, the judge can allow them to reach a majority verdict of at least 10 people.
Thirty states allow a non-unanimous verdict to be effective in civil cases; the most common rule (in 16 states) allows a verdict based on 5/6ths of the jury. Only a minority of states retain the unanimous verdict requirement for civil cases.
The geographical impact of Monday's decision is limited to Louisiana and Oregon ? the only two states that have allowed non-unanimous jury verdicts in recent years.
United States, 333 U.S. 740, 748 (1948) ( ?Unanimity in jury verdicts is required where the Sixth and Seventh Amendments apply. In criminal cases this requirement of unanimity extends to all issues?character or degree of the crime, guilt and punishment?which are left to the jury.? ); Maxwell v.
