Alabama and Florida are the only two states that don't require jurors to be unanimous when making life or death recommendations to the trial judge. While the jurors must be unanimous with respect to deciding the criminal defendant's initial guilt or innocence i.e., 12-0, they need not be unanimous in the sentencing recommendation phase of the trial. Thus, when recommending to the trial judge whether or not the defendant should be executed, the jury can be split 7-5 in Florida. Alabama, however, does require at least a supermajority of 10-2.
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