Oregon Competence - Unanimous Verdict
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FAQ
In the federal system, whether the trial is criminal or civil, the jury must reach a unanimous verdict.
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.
The U.S. Supreme Court acknowledged in Ramos that Oregon voters' adoption of a constitutional amendment in 1934 that permitted conviction by a nonunanimous jury can ?be traced to the rise of the Ku Klux Klan and efforts to dilute the influence of racial and ethnic and religious minorities on Oregon juries.?
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.
That change to the state constitution made Oregon one of only two states (the other is Louisiana) that allowed non-unanimous jury convictions in criminal felony cases. All other states and the federal government require that jury verdicts be unanimous in such cases.
Majority opinions. In a 6?3 decision, the Court reversed the decision against Ramos and ruled that the unanimity of a jury vote for conviction mandated by the Sixth Amendment for serious crimes must also be an incorporated right against the states, overturning Apodaca v. Oregon.
When a six-person jury is used in Oregon, all six jurors must agree on the verdict. When a twelve-person jury is used in Oregon, typically only ten of the twelve jurors must agree on the verdict (however, a unanimous verdict is required in capital murder cases).
The Oregon Supreme Court has ruled that people convicted by nonunanimous juries have the right to a new trial. Before the U.S. Supreme Court overturned the practice of convicting defendants with less than a unanimous jury, Oregon and Louisiana were the only states that allowed it.
