Juries

Six Person Juries

Six-person juries are in the news again.  The two articles below discuss why some defense lawyers and legislators are pushing for six-person juries.  In the first example, the state of Hawai'i is studying the feasibility of employing the six-person jury as a cost cutting move--it is cheaper to sit six rather than twelve.  In the other example, defense attorneys in Chicago are using six-person juries to get "more opportunities to challenge and eliminate jurors relative to the jury's size and thus...craft the jury." 

Honolulu Advertiser: Panel considers 6-person jury

Hawai'i lawmakers may consider legislation next year that would reduce the standard size of a jury from 12 to six people for civil trials and minor criminal trials in state courts. 

Law.com: Illinois High Court Lets Defendant Choose Jury Size

The Illinois Supreme Court has ruled that if a criminal defendant wants a jury with fewer than 12 people and the judge allows it, a state prosecutor can't stop it. (Birkett v. Dockery)

Deltoro v. Florida Op-ed

Interesting article in today's Wall Street Journal.  Two noteable law professors (Calabresi and Saks) are urging the Supreme Court to take up Deltro v. Florida.  The Supreme Court will decide by January 9th on whether they will hear the case in which the defendant challenges the constitutionality of the six person jury that convicted him.

Justice Rquires 12 Angry Men

Once in a while the Supreme Court gets a case -- or a line of cases -- completely wrong. The question of whether criminal juries of fewer than 12 citizens are constitutional is such a blunder.

This issue could soon come before the Supreme Court if the justices decide to hear Deltoro v. Florida. William Bolivar Deltoro was tried by a six-person jury and convicted in 2007 of sexually assaulting his daughter. He was sentenced to life in prison without the possibility of parole. In 47 other states and traditionally in common law, a trial for such a grave offense requires 12 jurors.