South Carolina Competence - Unanimous Verdict
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FAQ
When the jury decides a case they reach what is called a verdict. Verdict is a Latin word which means "to speak the truth." In order to reach a verdict in a case, all 12 jurors must agree; there is no majority rule.
Florida juries can now send someone to death row with an 8-4 vote. Florida Gov. Ron DeSantis signed a bill Thursday ending a unanimous jury requirement in death penalty sentencing, a response to a verdict that spared the life of a school shooter who killed 17 people.
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.
In April 2020, the U.S. Supreme Court held in Ramos v. Louisiana that under the U.S. Constitution, a criminal defendant's Sixth Amendment right to a jury trial includes the right to a unanimous jury verdict. Oregon DOJ welcomed the end to Oregon's non-unanimous jury verdict rule.
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.
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.
The law requires 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.
