The 12 Person Jury Should Be Recognized As a Right
The Framers of the Constitution probably saw no need to define the characteristics of a jury when they guaranteed criminal defendants the right to a jury trial because it was commonly understood at the time that a jury consisted of twelve persons who needed to arrive at a unanimous verdict to find guilt. In 1970, however, the Supreme Court decided that six jurors were good enough, although it later concluded that five were insufficient. Despite that decision, 47 states and the federal government still require a twelve person jury in serious felony trials.
William Bolivar Deltoro, convicted of sexual assault by a Florida jury of six and sentenced to life, is asking the Court to reconsider the 1970 decision. As Steven Calabresi and Michael Saks argue, the Court should take the case and correct its erroneous precedent.
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