The Verdict of Five out of Six Civil Jurors: Constitutional Problems |
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| Authors: | Hans Zeisel |
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| Affiliation: | Hans Zeisel;is Professor Emeritus of Law and Sociology and Research Associate, Center for Studies in Criminal Justice, University of Chicago;and Consultant, American Bar Foundation. The author wishes to acknowledge his indebtedness to colleagues Frank H. Easterbrook and Cass R. Sunstein for their critical reading of this article. |
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| 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 6 jury 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 Constitutiton even though the civil jury is not protected by the Fourteenth Amendment. |
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