Law Commons^™

Criminal Procedure-Waiver Of Unanimous Jury Verdict In Federal Courts, Rinaldo L. Bianchi

Michigan Law Review

Defendant was tried for two counts of felony. After twenty-seven minutes of deliberation the jury was unable to agree on either count, and the court asked the parties whether they would accept a majority verdict. Counsel for the defendant, after consulting with his client, consented, as did the United States Attorney. The jury found defendant guilty on both counts by a majority of nine to three and ten to two respectively. The court ordered a verdict to be filed and imposed a sentence. On appeal, held, reversed. A unanimous verdict is "the inescapable element of due process" and cannot …