Oregon Jury Instruction - Accomplice - Co-Defendant - Plea Agreement
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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.
The Oregon and United States Constitutions protect our right to jury trial. Jury duty is one of the most important rights and responsibilities of American citizenship. All persons chosen for jury duty are selected at random from combined lists of registered voters and DMV records.
For criminal trials, nearly every state requires the jury to produce a unanimous verdict. For civil trials, almost one-third of states only require a majority for a verdict. Some states require a majority if the money at issue in the trial is below a certain amount, and a unanimous verdict all other times.
Judge's Instructions on the Law Either before or after the closing arguments by the lawyers, the judge will explain the law that applies to the case to you. This is the judge's instruction to the jury.
But in 1972, the court held that while the Sixth Amendment requires unanimous jury verdicts for federal criminal trials, such verdicts are not required for state trials. Only two states allowed non-unanimous jury verdicts in criminal cases, Oregon and Louisiana, and Louisiana changed its law effective January 1, 2019.
There's cases called Aranda-Bruton Rule. These cases stand for the proposition that yes, at a preliminary hearing a co-defendant's statement can come in against another co-defendant and against them as an admission even if the defense attorney doesn't have an opportunity to cross-examine that co-defendant.
Although the singer Meatloaf has said that ?two out of three ain't bad,? under Wisconsin law, five-sixths of the jurors (10 out of 12 jurors on a 12-person jury)1 must agree on all issues necessary to support a judgment in a civil case.
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).