Does a criminal verdict have to be unanimous?
Yes. A jury's verdict on guilt must be unanimous — every juror must agree.
That means in a six-person jury, one juror who isn't persuaded prevents a conviction. The result is a hung jury rather than an acquittal, which is a different outcome, addressed below.
Why this matters for how a defense is presented. The objective isn't necessarily to persuade everyone. Reasonable doubt held by a single juror is sufficient to prevent a guilty verdict, which affects how arguments are structured — a point that resonates strongly with one juror can be worth more than a point that mildly persuades all six.
The unanimity requirement applies to the guilt determination. Sentencing procedures in capital cases operate under a separate framework that has been amended in recent years.
Jurors are instructed on unanimity, and the verdict form reflects it.
One juror is enough. That shapes how a defense gets built. ---
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