NCJ Number
25290
Journal
Criminal Justice Quarterly Volume: 1 Issue: 2 Dated: (SPRING 1973) Pages: 90-98
Date Published
1973
Length
9 pages
Annotation
THE QUESTION OF WHETHER THE CONSTITUTION OF NEW JERSEY SHOULD BE AMENDED TO ALLOW NON-UNANIMOUS VERDICTS AND SIX-MAN JURIES IN CRIMINAL CASES IS CONSIDERED, THROUGH A REVIEW OF RELATED COURT DECISIONS AND STATE LAWS.
Abstract
A BRIEF HISTORY OF THE RIGHT TO TRIAL BY JURY IS PRESENTED. THE NEW JERSEY CONSTITUTION IS THEN REVIEWED AND THE PROVISIONS FOR TRIAL BY JURY CITED. IT IS FOUND THAT THE STATUTORY LAW OF NEW JERSEY DOES NOT SPECIFICALLY REFER TO UNANIMITY OF VERDICTS, WHILE THE NEW JERSEY SUPREME COURT HAS PROMULGATED A RULE WHICH CALLS FOR A JURY OF 12 IN CRIMINAL ACTIONS, UNLESS THE PARTIES STIPULATE A LESSER NUMBER AND THE CRIME IS NOT A CAPITAL OFFENSE. THE EFFECTS OF NON-UNANIMOUS VERDICTS AND SIX-MAN JURIES ARE DISCUSSED, INCLUDING THE FINANCIAL BENEFITS OF SMALLER JURIES AND THE POSSIBLE EFFECT OF NON-UNANIMOUS VERDICTS ON DUE PROCESS OF LAW. SEVERAL SUPREME COURT RULINGS RELATING TO THESE ISSUES ARE CITED, AND THE LAWS OF THOSE STATES ALLOWING LESS THAN UNANIMOUS VERDICTS AND SIX-MAN JURIES ARE REVIEWED. IT IS CONCLUDED THAT THE U.S. SUPREME COURT HAS REMOVED THE CONSTITUTIONAL IMPEDIMENTS OF STATUTES CALLING FOR JURIES OF LESS THAN 12 AND OF STATUTES PERMITTING LESS THAN UNANIMOUS VERDICTS IN CRIMINAL CASES. THE QUESTION STILL REMAINS WHETHER TO PERMIT THESE CHANGES IN NEW JERSEY IN LIGHT OF POSSIBLE OR PROBABLE HUMAN BEHAVIOR. THE AUTHOR STATES THAT THE ULTIMATE DECISION WILL DEPEND IN LARGE MEASURE ON THE RESULTS REACHED IN OTHER JURISDICTIONS WHICH HAVE ALREADY ABANDONED THE 12 MAN JURY AND THE UNANIMOUS VERDICT. (AUTHOR ABSTRACT MODIFIED)