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May 28, 2009

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Greg Jones

If I remember correctly, the very ancient English practice was to add enough people to a split jury to gain a majority of twelve. For example, if the vote were split 10-2, four (or maybe 12) more jurors would have been added, hoping for a 14-2 result (or one of at least 18-6), regarded as good enough. So, very anciently, unanimity was sufficient for a verdict, but, in its absence, a big enough majority to satsify society that the correct result had been reached would do the trick.

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