I have always been puzzled about juries being required to have a unanimous verdict. Therefore, if a criminal’s case is put before a jury, no matter how hideous his or her act may have been, if one juror has decided that there is a possibility of he or she being innocent, they will go free. Or, as in popular crime novels, and even in actuality, bribes and threats may influence a juror to be the lone objector who frees a criminal.
There is nothing in our Constitution requiring a unanimous jury. The Sixth and Seventh Amendments, use the term ‘jury,’ but neither says it must be a unanimous jury. No election at any level, requires a unanimous vote. The Supreme Court, requires but a majority, many times a five to four vote, determines the outcome. At all governmental meetings at any level, be they local, county, state, or federal, requires a unanimous vote to pass.
Anywhere we may travel or observe any level of government, not a single one requires a unanimous vote to pass or approve a matter. What law or proposition, at any level, has a unanimous vote to be required? Is there a state law requiring it? Even families may decide whether to go a movie or on vacation with a vote, and it never has to be unanimous! Is there a federal level law not in the Constitution, which says so? If so, I think it should be confirmed by an Amendment. I’m no lawyer, nor have I ever been before a jury. The only vote I have ever been involved in, was when a majority of business members voted me as president of the Silverton Colorado Chamber of Commerce. A majority of members voted me as president of a pipe organ society, a local symphony, a Toastmaster’s Club, a Kiwanis Club, a member of a planning commission, etc., but I have never been before a judge.
This is brief, but to me, very succinct and logical. How many criminals have gone free, because of a fixed jury, a bought jury, or the possibilities of a jury made up of less than intelligent members? The same can be true of a Grand Jury, and one famous lawyer once said that he could convict a ham sandwich in a Grand Jury, so easy they are to sway. If I am wrong, please tell me, because it has always othered me!
Don Stott don@coloradogold.com.