Wrong
Juries and Verdicts in Criminal Trials
Most of the concern over unanimity in verdicts arises from criminal trials. A long history of case law and Constitutional interpretation establishes that criminal trials must have 12 jurors. In federal court, juries must reach a unanimous verdict in all criminal proceedings.
State courts have required
unanimous verdicts since 2020. Before that year, nearly all states followed the
federal criminal trial procedure. Two states—Oregon and Louisiana—allowed non-unanimous jury verdicts. In 1972, the U.S. Supreme Court upheld these types of verdicts in
Apodaca v. Oregon (406 U.S. 404) (1972).
In 2020, the Court overturned
Apodaca with
Ramos v. Louisiana (140 U.S. 1390). The Court reasoned that a deeper historical examination of the criminal justice system revealed an intentional bias against some jurors. The non-unanimous verdict helped ensure guilty verdicts for African Americans by eliminating one or two African American "not-guilty" votes (Justice Kavanaugh concurrence at 1418).
The current position of
federal and state courts is that the Sixth and Fourteenth Amendments require unanimous verdicts to convict a criminal defendant.