NCJ Number
79403
Journal
Florida Bar Journal Volume: 55 Dated: (January 1981) Pages: 20-26
Date Published
1981
Length
7 pages
Annotation
Judicial decisions in the 1970's which bear upon jury size, unanimity, and even the jury's existence in some civil cases are reviewed.
Abstract
The relevant U.S. Supreme Court decisions reviewed are Williams v. Florida, Johnson v. Louisiana, Apodaca v. Oregon, Ballew, v. Georgia, Burch v. Louisiana, and the U.S. Financial Securities civil case. By 1972, decisions by the Supreme Court had rendered 6-person juries constitutional and nonunanimous verdicts acceptable for 12-person juries. The Court balked at permitting 5-person juries and nonunanimous verdicts for 6-person juries. In denying certiorari and thus declining to review the Ninth Circuit's decision in the U.S. Financial Securities Litigation case, the Supreme Court left unanswered the question as to whether jury trial may be denied in complex protracted Federal civil cases. The Ninth Circuit reversed the district judge in ruling that trial by jury could not be denied on the basis of a judge's opinion that the case is too complex for rational jury decisionmaking. None of these decisions indicates the weakening of commitment to the value of trial by jury in either criminal or civil cases; however, Chief Justice Burger, in several addresses has raised the issue of abolishing juries in some or all civil trials. The continuation of jury trials in both civil and criminal cases is essential if the will of ordinary citizens is to be manifested in one of our society's significant decisionmaking arenas. Fifty-four footnotes are listed.