Publication Date
1982
Publication Title
American Bar Foundation Research Journal
Abstract
A criminal jury of fewer than 6 members and a jury in which 5 out of 6 can find a verdict were held unconstitutional by the U.S. Supreme Court for failing to meet the requirements of due process as mandated by the Fourteenth Amendment. In four states-Michigan is one of them-the 5 out of 6jury is the standard civil jury. Two questions are raised: first, whether such a jury violates the Michigan state constitution; second, whether such a 5 out of 6 civil jury violates the federal Constitution even though the civil jury is not protected by the Fourteenth Amendment.
Recommended Citation
Hans Zeisel, "The Verdict of Five out of Six Civil Jurors: Constitutional Problems," 1982 American Bar Foundation Research Journal 141 (1982).
