How many people does it REALLY take to convict at a felony trial?
Asked by
FFan (
43)
June 7th, 2011
In the United States, a felony jury generally consists of 12 citizens selected at random with the aim of empaneling an impartial jury. In theory, all 12 jurors must arrive at a conclusion of guilty in order for the prosecutor to secure a conviction. However, juries deliberate once arguments are made, and one would be naive to think that this doesn’t have an effect on swaying the opinions of those in the jury minority. So how many people does a prosecutor really have to convince of guilt? 7? 8? 9? 10? Something else?
What percentage of certainty would you need to perceive something as proven beyond a reasonable doubt? 90%? 95%? Something else?
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9 Answers
They would have to prove beyond resonible doubt all 12 or it would be a hung jury and they would have to start again
All of them. I was on a jury recently and two of us were dissenters\ (on the other side, actually—we wanted to convict and everybody else wanted to acquit.) I ended up making my case and we convicted. But it easily could have gone the other way.
Are you watching the Casey Anthony case??
@Rarebear Why am I not surprised? Congrats. That was quite a swing.
Juries don’t have to have a full 12 in all states. They can consist of as few as 6 or as many as 24 with alternates. When there are more than 12, the excess are alternates that only get to decide if one or more of the other 12 are excused for some reason.
It would vary from trial to trial.
@Rarebear That’s quite the feat. So the prosecutor convinced two of you to convict, and then you two convinced the other 10? Wow.
I have been on one jury. On that jury, we initially voted either 9–3 or 10–2 to convict, and we had to talk to the others to get them to go along with us.
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