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(EMAILWIRE.COM, May 17, 2013 ) San Francisco, CA -- In 2008, Alonso Alvino Herrera of Oregon borrowed a friend's car, and also forgot to return it. He was arrested and charged with possession of stolen property. In the end, he was acquitted of the charge, though he was convicted of unauthorized use of a vehicle. Still, the second charge was dropped by a margin of 10-to-2. Some may be wondering how a nonunanimous verdict was rendered, and while that is a problem for 48 states, Oregon and Louisiana do allow them.
The Supreme Court has allowed the conflict between the two laws to persist since the 1970s. One cannot help but notice that the Supreme Court itself works on a nonunanimous rendering process. Meanwhile, the Supreme court does back the certain rules in regards to the number of jurors.
The High Court upheld the need for more than five jurors, and the necessity for a unanimous conviction rendering. However, in a jury of 12, there does not have to be a unanimous conviction. Louisiana requires a three-fourths conviction minimum in a jury of 12.
The rationale for the somewhat confusing decision was explained thusly: “The line between five- and six-member juries is difficult to justify, but a line has to be drawn somewhere,” wrote Justice Lewis Powell in Ballew v. Georgia. Justice Harry Blackmun cited a handful of studies from social scientists on error rates of juries of differing sizes. He noted: “We have considered [these studies] carefully because they provide the only basis, besides judicial hunch, for a decision about whether smaller and smaller juries will be able to fulfill the purpose and functions of the Sixth Amendment.” While Powell agreed with the overall decision, he still scolded Blackmun’s justification: “I have reservations as to the wisdom—as well as the necessity—of Mr. Justice Blackmun’s heavy reliance on numerology derived from statistical studies.”
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