Jury: Behavioral Aspects

Traditional English and American juries consisted of twelve members who were required to reach a unanimous verdict. Some American jurisdictions now permit juries with as few as six members and nonunanimous verdicts of 9–3 or 10–2; England permits a 10–2 verdict if the jury has been unable to reach unanimity within a specified period of time. Reducing jury size increases the likelihood of an aberrant jury verdict. A majority-decision rule tends to reduce the rate of hung juries and to shorten deliberations because jurors in the majority do not need to gain the support of all jury members. It may also result in less thorough deliberations if the deliberators can arrive at a verdict without considering the reasons why there is disagreement among the members of the jury.