Some particularly awful state policies have also been eliminated in the past couple of years, like a Florida law that permitted nonunanimous
juries to impose death sentences, and an Alabama rule empowering judges to override a jury's vote for life, even a unanimous one, and impose death.
130, 134, 138 (1979) (invalidating nonunanimous
six-member juries because the "near-uniform judgment of the Nation provides a useful guide in delimiting the line between those jury practices that are constitutionally permissible and those that are not"); Duncan v.
As recently as less than three years ago, and again a little more than two years ago, the Florida Supreme Court upheld nonunanimous
juries in the recommendation of death sentences as constitutional.
2014) (resolving problems of which facts the jurors must agree on and of whether different jurors on a nonunanimous
jury can provide support for different issues).
At least eighteen states permit civil juries to have fewer than twelve members, and twenty-seven states permit nonunanimous
civil jury verdicts.
Keith Poole and Howard Rosenthal (joined later by Nolan McCarty) have been tracing this trend since the early 1980s through their analysis of members' first-dimension DW-Nominate scores, which are based on all nonunanimous
roll call votes taken during each Congress and serve to locate each member for each Congress on a liberal-conservative scale that ranges from -1.
The only nonunanimous
decision involving Jehovah's Witnesses in which Jackson voted for the Witnesses was West Virginia State B[oard] of Educ[ation] v.
Guzman, supra note 63, 14-34 (discussing several modes of creating nonunanimous
Although the Supreme Court Database treats such cases as unanimous, see Codebook, supra note 43, at 73 its detailed coding allows us to treat them as nonunanimous
for purposes of our analysis.
Glasser, Letting the Supermajority Rule: Nonunanimous
Jury Verdicts in Criminal Trials, 24 FLA.
The first two rows compare the citation patterns for reasons in unanimous cases with the same patterns for all reasons (decision and minority) in nonunanimous
And [we] have approved the use of certain nonunanimous