Tennessee Competence - Unanimous Verdict
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FAQ
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.
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.
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.
VI. TRIAL. (a) Unanimity. The jury's verdict shall be unanimous.
In a criminal case, the unanimous agreement of all 12 jurors is required.
The Court held that the Sixth Amendment to the United States Constitution required unanimous verdicts. This means that non-unanimous jury verdicts in felony cases are unconstitutional.
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.
Under Tennessee law, a person is qualified to serve as a juror if he or she is (a) a citizen of the United States; (b) a resident of Tennessee, (c) a resident of the county where summoned to be a juror and (d) is at least 18 years old.
