johnson louisiana argued march decided may warrantless arrest robbery made appellant home basis identification photographs committed magistrate thereafter appeared lineup represented counsel identified victim another robbery tried latter offense jury convicted verdict authorized louisiana law cases crime necessarily punishable hard labor state law provisions require unanimity jury trials offenses punishment may hard labor jury trials capital cases louisiana affirmed conviction rejecting appellant challenge provisions violative due process equal protection claim lineup identification forbidden fruit invasion appellant fourth amendment rights appellant conceded duncan louisiana decided trial began retroactive effect sixth amendment apply case held provisions louisiana law requiring jury verdicts criminal cases violate due process clause failure satisfy standard pp mere fact three jurors vote acquit mean nine vote convict ignored instructions concerning proof beyond reasonable doubt honestly believe guilt thus proved pp want jury unanimity alone establish reasonable doubt pp louisiana legal scheme providing unanimous verdicts capital jury cases verdicts otherwise varies difficulty proving guilt gravity offense designed serve rational purposes facilitat ing expedit ing reduc ing expense administration justice constitute invidious classification violative equal protection pp since evidence constituting fruit illegal arrest used appellant trial validity arrest issue lineup conducted exploitation arrest authority appellant commitment magistrate purged lineup procedure primary taint white delivered opinion burger blackmun powell rehnquist joined blackmun post powell post filed concurring opinions douglas filed dissenting opinion brennan marshall joined post brennan filed dissenting opinion marshall joined post stewart filed dissenting opinion brennan marshall joined post marshall filed dissenting opinion brennan joined post richard buckley reargued cause filed brief appellant louise korns reargued cause appellee brief jack gremillion attorney general louisiana jim garrison justice white delivered opinion louisiana constitution code criminal procedure criminal cases punishment necessarily hard labor tried jury vote nine jurors sufficient return either guilty guilty verdict principal question case whether provisions allowing verdicts certain cases valid due process equal protection clauses fourteenth amendment appellant johnson arrested home january arrest warrant victim armed robbery identified johnson photographs committed crime identified lineup counsel victim still another robbery latter crime involved case johnson pleaded guilty tried may jury convicted verdict due process equal protection challenges louisiana constitutional statutory provisions rejected louisiana courts la appealed noted probable jurisdiction conceding duncan louisiana sixth amendment applicable case see destefano woods appellant presses equal protection due process claims together fourth amendment claim also rejected louisiana affirm ii appellant argues order give substance standard state virtue due process clause fourteenth amendment must satisfy criminal cases see winship clause must construed require verdict criminal cases contending appellant challenge instructions case concededly jurors told convict convinced guilt beyond reasonable doubt claim verdict case unanimous evidence insufficient support appellant focuses instead fact less jurors voted convict argues three voted acquit standard satisfied conviction therefore infirm note outset never held jury unanimity requisite due process law indeed expressly said criminal cases due process law denied state law dispenses necessity jury twelve unanimity verdict jordan massachusetts dictum accord maxwell dow dictum statements moreover cases indicating proof guilt beyond reasonable doubt implicit constitutions recognizing fundamental principles deemed essential protection life liberty davis see also leland oregon dissenting opinion brinegar coffin entirely apart cases however view fact three dissenting votes acquit raises question constitutional substance either integrity accuracy majority verdict guilt appellant contrary argument breaks two parts shall consider separately first nine individual jurors unable vote conscientiously favor guilt beyond reasonable doubt three colleagues arguing acquittal second guilt said proved beyond reasonable doubt one jury members conclusion deliberation still possess doubt neither argument persuasive numerous cases defined reasonable doubt one based reason arises evidence lack evidence johnson accord bishop app schneiderman supp sd cal haupt supp nd rev grounds winship supra recognized evidentiary standard impress ing trier fact necessity reaching subjective state certitude facts issue citation omitted considering first branch appellant argument find basis holding nine jurors voted conviction failed follow instructions concerning need proof beyond doubt vote one nine failed reflect honest belief guilt proved appellant effect asks us assume minority jurors express sincere doubts guilt fellow jurors nevertheless ignore vote convict even deliberation exhausted minority jurors grounds acquittal pursued might persuade members majority acquit mere fact three jurors voted acquit demonstrate nine jurors majority attended reason evidence one developed reasonable doubt guilt grounds believing majority jurors aware responsibility power liberty defendant simply refuse listen arguments presented favor acquittal terminate discussion render verdict contrary far likely juror presenting reasoned argument favor acquittal either arguments answered carry enough jurors prevent conviction majority cease discussion outvote minority reasoned discussion ceased persuasive effect serve purpose minority continues insist upon acquittal without persuasive reasons support position juncture basis denigrating vote large majority jury refusing accept decision least minds beyond reasonable doubt indeed point dissenting juror consider whether doubt reasonable one made impression upon minds many men equally honest equally intelligent allen appellant offers evidence majority jurors simply ignore reasonable doubts colleagues otherwise act irresponsibly casting votes favor conviction alter longstanding perceptions jury behavior overturn considered legislative judgment unanimity essential reasoned jury verdicts must basis unsupported assumptions conclude therefore nine jurors voted convict state satisfied burden proving guilt beyond reasonable doubt remaining question due process clause whether vote three jurors acquittal said impeach verdict nine demonstrate guilt fact proved beyond doubt hold course state proof perhaps regarded certain convinced jurors instead nine even compelling required convince fact convinced jurors fact remains nine jurors substantial majority jury convinced evidence view disagreement three jurors alone establish reasonable doubt particularly heavy majority jury considered dissenters views remains convinced guilt rational men disagree equivalent failure proof state indicate infidelity standard jury verdicts finding guilt beyond reasonable doubt regularly sustained even though evidence jury justified reasonable doubt see quarles bell even though trial judge might reached conclusion jury see takahashi even though appellate judges closely divided issue whether sufficient evidence support conviction see johnson app want jury unanimity equated existence reasonable doubt emerges even clearly fact jury federal operates unanimity rule instructed acquit defendant reasonable doubt guilt see holt agnew mathes devitt federal jury practice instructions agree unanimously upon verdict defendant acquitted merely given new trial downum dreyer illinois perez wheat doubt minority jurors indicates existence reasonable doubt appear defendant receive directed verdict acquittal rather retrial conclude therefore verdicts rendered nine jurors automatically invalidated disagreement dissenting three appellant deprived due process law iii appellant also attacks violative equal protection clause provisions louisiana law requiring unanimous verdicts capital jury cases permitting verdicts cases conclude however louisiana statutory scheme serves rational purpose subject constitutional challenge order facilitate expedite reduce expense administration criminal justice state lewis la louisiana permitted less serious crimes tried five jurors unanimous verdicts serious crimes required assent nine jurors serious crimes unanimous verdict jurors stipulated appellant case nine jurors rather five required verdict discern nothing invidious classification held free federal constitution try defendants juries less men williams florida three jurors voted acquit earlier said demonstrate appellant convicted lower standard proof obtain conviction categories louisiana law state must prove guilt beyond reasonable doubt number jurors must convinced increases seriousness crime severity punishment may imposed perceive nothing unconstitutional invidiously discriminatory however state insisting burden proof carried jurors serious crimes severe punishments issue appellant nevertheless insists dispensing unanimity case disadvantaged compared commit less serious capital crimes respect latter correct state make conviction difficult requiring assent jurors appellant might well ultimately acquitted committed capital offense indicated constitute denial equal protection law state may treat capital offenders differently without violating constitutional rights charged lesser crimes crimes triable jury appellant position easier convince nine jurors convince five simply challenging judgment louisiana legislature body obviously intended vary difficulty proving guilt gravity offense severity punishment remain unconvinced anything appellant presented legislative judgment defective constitutional sense iv appellant also urges nighttime arrest without warrant unlawful absence valid excuse failing obtain warrant subsequent lineup identification forbidden fruit claimed invasion fourth amendment rights validity johnson arrest however beside point clear evidence might properly characterized fruit illegal entry arrest used trial prior lineup johnson represented counsel brought committing magistrate advise rights set bail time lineup detention appellant authority commitment consequently lineup conducted exploitation challenged arrest means sufficiently distinguishable purged primary taint wong sun judgment louisiana therefore affirmed footnotes coffin contains lengthy discussion requirement proof beyond reasonable doubt similar standards proof ancient hebrew greek roman law well common law england discussion suggests late century held bound standard due process clause fourteenth amendment assumption standard essential civilized system criminal procedure see generally duncan louisiana justice blackmun concurring join opinion judgment cases add comment obvious need saying imply regard state system wise one vote means conclude system constitutionally offensive legislator disfavor matter policy task however pursue strike happens impress us undesirable legislative policy hesitate say either system employing standard rather minimum afford great difficulty justice white points ante substantial majority jury convinced us cases opinion applies also apodaca et al oregon post justice powell concurring concurring judgment concur judgment convictions based jury verdicts cases deprive criminal defendants due process law fourteenth amendment reasons reaching conclusion oregon case differ expressed plurality opinion justice white state views separately destefano woods oregon petitioner sought raise question left open duncan whether right jury trial state also contemplates right unanimous verdict concluded duncan retroactive applicability found unnecessary decide whether fourteenth amendment requires unanimity trial case time occurred several years prior may date decision duncan louisiana case us petitioner also convicted verdict duncan decided accordingly read destefano foreclosing consideration case question whether jury trial guaranteed due process clause contemplates corollary requirement judgment unanimous indeed johnson louisiana appellant concedes nonretroactivity duncan prevents raising due process argument classic fundamental fairness language adopted instead claims deprived due process conviction nine jurors joined one premised finding guilt beyond reasonable doubt held requisite element due process winship reasons stated majority opinion agree louisiana verdict rule undercuts applicable standard proof criminal prosecutions state appellant also asks find violation equal protection clause louisiana constitutional statutory provisions establishing contours jury trial right state challenged provisions divide accused crimes three categories depending severity possible punishment charged offenses punishment might hard labor entitled unanimous verdict charged offenses punishment necessarily hard labor entitled verdict nine jurors must concur charged capital offenses entitled unanimous verdict la art vii la code crim art distinctions classes defendants constitute invidious discrimination one classes unless state classification said lack reasonable rational basis shown reason question rationality louisiana system therefore join opinion johnson louisiana affirming decision ii neither logic history intent draftsmen fourteenth amendment possibly said require sixth amendment jury trial provision applied together total gloss decisions supplied fourteenth amendment rather sixth imposes upon requirement provide jury trials accused serious crimes said cases decided intendment amendment clouded passage time due process require apply federal right gloss maxwell dow justice peckham speaking eight nine members stated hen providing constitution legislation manner civil criminal actions shall tried entire conformity character federal government right decide shall form character procedure trials whether shall jury twelve lesser number whether verdict must unanimous true course maxwell jordan courts went concluded might dispense jury trial altogether conclusion grounded limited view due process accepted recent years rejected duncan find nothing constitutional principle upon duncan based precedents requires repudiation views expressed maxwell jordan respect size jury unanimity verdict justice fortas concurring duncan commented distinction requirements sixth amendment due process clause suggested appropriate framework analysis issue case see reason whatever assume decision today require us impose federal requirements unanimous verdicts jury upon may well conclude features federal jury practice means fundamental essential due process law obligatory duncan louisiana importance system attaches trial jury derives special confidence repose body one peers determine guilt innocence safeguard arbitrary law enforcement williams florida safeguarding function preferring commonsense judgment jury bulwark corrupt overzealous prosecutor compliant biased eccentric judge lies core dedication principles jury determination guilt innocence fundamental jury trial brings within mandate due process seems fundamental adequately preserved provision oregon constitution reason believe basis experience oregon elsewhere unanimous decision jurors likely serve high purpose jury trial entitled greater respect community decision joined members jury standard due process assured oregon constitution provides sufficient guarantee government permitted impose judgment accused without first meeting full burden prosecutorial duty moreover holding fourteenth amendment incorporated every element sixth amendment derogates principles federalism basic system name uniform application high standards due process embarked upon course constitutional interpretation deprives freedom experiment adjudicatory processes different federal model time understandable unwillingness impose requirements finds unnecessarily rigid williams florida culminated dilution federal rights decisions never seriously questioned doubly undesirable consequence reasoning process labeled justice harlan constitutional schizophrenia may well detrimental state federal criminal justice systems although perhaps late day expression views accord opinions similar cases chief justice justices harlan stewart fortas least defining elements right jury trial sound basis interpreting fourteenth amendment require blind adherence details federal sixth amendment standards civil war amendments altered substantially balance federalism strains credulity believe intended deprive freedom experiment variations procedure age empirical study increasingly relied upon foundation decisionmaking one obvious merits federal system opportunity affords state people choose become laboratory experiment range trial procedural alternatives although need innovations grow diversity always great imagination unimpeded unwarranted demands national uniformity special importance time serious doubt exists adequacy criminal justice system diversity local legislative responsiveness marked development economic social reforms country barred unduly restrictive application due process clause might well lead valuable innovations respect determining fairly expeditiously guilt innocence accused viewing unanimity controversy one requiring fresh look question fundamental jury trial see constitutional infirmity provision adopted people oregon product constitutional amendment approved vote people state appears patterned provision american law institute code criminal procedure similar decision echoed recently england unanimity requirement abandoned statutory enactment verdict provisions also viewed approval american bar association criminal justice project studied jury mechanism recommended deviation historic rule unanimity found number considerations significant removal unanimity requirement well minimize potential hung juries occasioned either bribery juror irrationality furthermore rule juries must speak single voice often leads full agreement among agreement none compromise despite frequent absence rational basis compromise quite apart whether justices sitting deemed advisable adoption particular jury provision think considerations kind reflect legitimate basis experimentation deviation federal blueprint iii petitioners apodaca oregon addition primary contention unanimity requirement state jury trials fourteenth amendment incorporates sixth also assert oregon constitutional provision offends federal constitutional guarantee systematic exclusion group within citizenry participating criminal trial process systematic exclusion identifiable minorities jury service long recognized violation equal protection clause see whitus georgia strauder west virginia recent years held criminal defendants entitled matter due process jury drawn representative cross section community essential element fair impartial jury trial see williams florida alexander louisiana douglas concurring petitioners contend jury verdict provisions undercut right implicitly permitting jury room prohibited jury venire selection process exclusion minority group viewpoints argue unless unanimity required even properly drawn jury result whether conviction acquittal may unjust product racism bigotry emotionally inflamed trial fears materialize jury majority responding extraneous pressures ignores evidence instructions well rational arguments minority risk however jury particular case fail meet high responsibility inherent system commits decisions guilt innocence untrained laymen drawn random community part least rule must rely principle underlies historic dedication jury trial systems premised conviction juror faithfully perform assigned duty justice douglas dissent today appears rest contrary assumption members jury constituting majority duty consider minority viewpoint course deliberation characterizing jury consideration minority views mere polite academic conversation courtesy dialogue concludes jury obligation oregon deliberate jurors vote together outset post power freely shut competing views implied record case contrary basic principles jury participation criminal process may course reasonable differences opinion merit speculative concerns expressed petitioners reflected dissenting opinion find nothing oregon experience justify apprehension juries bound unanimity rule likely ignore historic responsibility moreover need rely presumption regularity vacuum since disposal protective devices diminish significantly prospect jury irresponsibility even jury sworn substantial protection selection representative wilfully irresponsible jury assured wide availability peremptory challenges challenges cause likelihood miscarriage justice diminished judge use full jury instructions detailing applicable burdens proof informing jurors duty weigh views fellow jurors reminding solemn responsibility imposed oaths trial judges also retain power direct acquittals cases evidence guilt lacking set aside verdicts rendered evidence insufficient support conviction furthermore cases public emotion runs high pretrial publicity threatens fair trial judges possess broad power grant changes venue impose restrictions extent press coverage light protections unlikely oregon rule account increase number cases injustice occasioned biased prejudiced jury may wise recall justice white admonition murphy waterfront constitution protects real dangers remote speculative possibilities since view oregon jury verdict requirement violative due process guarantee fourteenth amendment concur affirmance convictions right course reserved crimes may deemed serious see bloom illinois baldwin new york contention raised carcerano gladden consolidated disposed along destefano opinion addition jury trial issues case also join part iv opinion insofar concludes lineup identification fruit prior warrantless arrest wong sun circumstances case find unnecessary reach question whether appellant warrantless arrest constitutionally invalid jury trial federal cases also assured art iii constitution trial crimes shall jury see also justice white opinion swain alabama stating dictum alabama adheres system trial impartial jury men must unanimously agree verdict system followed federal courts virtue sixth amendment emphasis supplied result attained respect right jury trial civil cases seventh amendment see american publishing fisher springville thomas process determining content sixth amendment right jury trial long one careful evaluation strict adherence limitations right known criminal trials common law see williams florida separate opinion harlan recent example process constitutional adjudication may found part ii opinion duncan louisiana petty offenses excluded rule requiring jury trial offenses tried without juries england colonies found substantial evidence framers intended depart established practice effect see justice harlan dissent baldwin new york appearing williams florida also representative historical approach sixth amendment exhaustive majority dissenting opinions sparf ultimately concluded federal criminal juries empowered decide questions fact rather attempting determine whether distinction desirable whether might essential function performed juries decision premised conclusion english colonial juries right decide questions law historical approach accounts numerous opinions see text accompanying finding unanimity one attributes subsumed term jury trial reason conference committee revision house draft sixth amendment offered justify departure prior precedents admitted ambiguity piece legislative history sufficient view override unambiguous history right williams florida see perry sources liberties story commentaries constitution ed see blackstone commentaries forsyth history trial jury hale analysis law england agree justice white analysis duncan departure earlier decisions large measure product change focus approach due process longer questions regarding constitutionality particular criminal procedures resolved focusing alone element question ascertaining whether system criminal justice might imagined fair trial afforded absence particular element rather focus fundamentality element viewed context basic jurisprudential system common duncan louisiana supra approach due process readily accounts conclusion jury trial fundamental unanimity see part iii infra duncan louisiana see also baldwin new york indeed strongly felt jury role protector innocence consequences partiality undue bias judges favor prosecution earlier point country history deemed juries final arbiters questions arising criminal prosecutions whether factual legal allow judges determine law considered pose great risk judicial oppression favoring state accused see state croteau howe juries judges criminal law harv rev historical preference jury decisionmaking still reflected criminal procedures two ind art md art xv see brady maryland wyley warden cert denied beavers state ind available empirical research indicates protection substantially affected verdict requirements kalven zeisel frequently cited study american juries american jury phoenix ed note unanimity demanded cases result hung juries unanimity required available statistics indicate juries still hung cases thus may estimated roughly oregon practice may result verdicts cases cases verdict returned unanimity demanded given large number causes percentage disparity might attributed given possibility conviction retrial impossible conclude percentage represents convictions obtained standards offensive due process duncan louisiana supra harlan dissenting harlan dissenting bloom illinois fortas concurring baldwin new york burger dissenting williams florida separate opinions harlan stewart cf justice douglas concurring opinion alexander louisiana unwillingness accept incorporationist notion jury trial must applied total uniformity require take issue every precedent applying various criminal procedural rights force applied federal courts see justice fortas opinion bloom illinois also applied duncan see justice brandeis dissent new state ice liebmann details stultifying potential substantive due process doctrine ali code criminal procedure criminal justice act great britain american bar association project standards criminal justice trial jury approved draft see also commentary see kalven zeisel american jury notes english controversy chi rec samuels criminal justice act mod rev comment waiver jury unanimity doubts reasonable doubt chi rev comment jury verdicts unanimous criminal cases rev see state gann approval oregon requirement compel acceptance alternatives due process mandate basic fairness often require drawing difficult lines see francis resweber frankfurter concurring full recognition function performed jury trials coupled due respect presumptive validity state laws based rational considerations mentioned assist finding required balance question presented different context see swain alabama allen see irvin dowd see sheppard maxwell estes texas justice douglas justice brennan justice marshall concur dissenting appellant louisiana case petitioners oregon case convicted juries less unanimous procedure authorized louisiana oregon constitutions claim rejected majority procedure violation federal constitutional rights due respect majority dissent radical departure american traditions constitution mention unanimous juries neither mention presumption innocence say guilt must proved beyond reasonable doubt criminal cases yet almost inconceivable anyone questioned whether proof beyond reasonable doubt fact constitutional standard indeed case finally arose little difficult disposing issue winship speaking justice brennan stated use standard indispensable command respect confidence community applications criminal law critical moral force criminal law diluted standard proof leaves people doubt whether innocent men condemned also important free society every individual going ordinary affairs confidence government adjudge guilty criminal offense without convincing proper factfinder guilt utmost certainty lest remain doubt constitutional stature standard explicitly hold due process clause protects accused conviction except upon proof beyond reasonable doubt every fact necessary constitute crime charged ibid result today decisions anomalous though unanimous jury decisions required state trials constitutionally required federal prosecutions possible decisions stem sixth amendment held unanimously bill rights requires unanimous jury verdict unanimity jury verdicts required sixth seventh amendments apply criminal cases requirement unanimity extends issues character degree crime guilt punishment left jury verdict embodies single finding conclusions jury upon questions submitted andres rule federal rules criminal procedure verdict shall unanimous rule made concurrence congress pursuant today unanimous verdict required federal prosecution state prosecution yet source right case sixth amendment fail see reason maintain inconsistent dual positions course advocates view duties imposed reason bill rights operating fourteenth amendment version guarantees held contrary malloy hogan held guarantees first amendment gitlow new york supra cantwell connecticut louisiana ex rel gremillion naacp prohibition unreasonable searches seizures fourth amendment ker california right counsel guaranteed sixth amendment gideon wainwright supra enforced fourteenth amendment according standards protect personal rights federal encroachment coerced confession cases involving policies privilege suggestion confession might considered coerced used federal state tribunal thus rejected notion fourteenth amendment applies subjective version individual guarantees bill rights similarly confrontation clause finally made obligatory justice black majority careful observe guarantee like right compelled enforced fourteenth amendment according standards protect personal rights federal encroachment pointer texas cf dutton evans likewise applied double jeopardy clause justice marshall wrote nce decided particular bill rights guarantee fundamental american scheme justice duncan louisiana constitutional standards apply state federal governments benton maryland doctrine coextensive coverage followed holding speedy trial clause applicable klopfer north carolina duncan louisiana holding jury trial guarantee binding state trials noted prohibitions identical federal state governments see also fortas concurring diverged doctrine coextensive coverage guarantees brought within fourteenth amendment aberration later rectified wolf colorado held fourth amendment ban unreasonable warrantless searches enforceable declined incorporate fourth amendment exclusionary rule weeks happily however gap partially closed elkins completely bridged mapp ohio mapp observed hesitated enforce strictly federal government rights free speech free press rights notice fair public trial concluded rule apply fourth amendment concerned later made clear standard obtaining search warrant fourth fourteenth amendments aguilar texas standard reasonableness fourth fourteenth amendments ker california said however sixth amendment applied reason fourteenth mean federal proceedings due process gloss gloss gives power experiment explicit implied guarantees bill rights justice holmes dissenting truax corrigan justice brandeis dissenting new state ice liebmann thought allowed improvise remedies social economic ills area many thou shalt nots constitution bill rights concerning property rights conspicuous compensation clause fifth amendment held applicable full vigor reason fourteenth amendment chicago chicago today decisions mean may apply watered version compensation clause today decisions limited paring civil rights protected bill rights fully applicable federal government civil rights whether concern speech searches seizures criminal prosecutions bail cruel unusual punishments extend course everyone cold reality touch mostly lower castes society refer course blacks chicanos farmers agricultural workers offbeat students victims ghetto giving power experiment diluting civil rights long thought thou shalt nots constitution bill rights protect everyone governmental intrusion overreaching idea obnoxious relegated citizenship construe bill rights fourteenth amendment permit experiment basic rights people open veritable pandora box hate prejudice versatile forces degrade constitutional scheme however one concerns make bill rights applied watered version charter guarantees chief concern one often expressed late justice black alarmed prospect nine men appointed life sitting body determine whether government gone far balancing done constitution bill rights written adopted determine say whether one person another entitled free speech power never granted ultimate reach decisions let subject veto experiment rights guaranteed bill rights construe sixth amendment applicable precisely applied federal government ii plurality approves procedure diminishes reliability jury first eliminates circumstances minority jurors rationally persuaded entire jury acquit unable persuade majority acquit nonetheless convinced convict offense second permits prosecutors oregon louisiana enjoy ratio substantially greater ordinarily returned unanimous juries diminution verdict reliability flows fact nonunanimous juries need debate deliberate fully must unanimous juries soon requisite majority attained consideration required either oregon louisiana even though dissident jurors might given chance able convince majority persuasion fact occasionally occur unanimous requirement applies roughly one case ten minority eventually succeeds reversing initial majority may cases special importance one explanation phenomenon jurors often permitted take notes imperfect memories forensic process forcing jurors defend conflicting recollections conclusions flushes many nuances otherwise go overlooked collective effort piece together puzzle historical truth however cut short soon requisite majority reached oregon louisiana indeed necessary majority immediately obtained deliberation required suggestion may happened verdict rendered minutes apodaca case sure jurisdictions two initial majorities normally prevail end tenth time jury room operates reverse completely preliminary perception guilt innocence extracts jury room automatic check hasty factfinding relieving jurors duty hear fully dissenters said evidence majority jurors refuse listen dissenters whose votes unneeded conviction yet human experience teaches polite academic conversation substitute earnest robust argument necessary reach unanimity mentioned earlier apodaca case whatever courtesy dialogue transpired lasted minutes fail understand lift burden justifying radical departure accepted applauded tradition instead demand defendants document empirical evidence always thought obvious study sure williams florida held state provide jury less number criminal trial said experiments occurred usually civil area indicate discernible difference results reached two juries short neither currently available evidence theory suggests jury necessarily advantageous defendant jury composed fewer members rationale williams application williams requires change neither less advantageous either state defendant said showing satisfied since louisiana oregon verdict result acquittal yet experience shows jury overwhelmingly favors moreover even initial majority wins dissent side ultimate result may nonetheless reflect reservations uncertain jurors refer many compromise verdicts offenses lesser sentences thus even though minority may forceful enough carry day doubts may nonetheless cause majority exercise caution obviously however oregon louisiana dissident jurors opportunity full deliberation temper opposing faction degree certainty guilt new rule also impact cases unanimous jury neither voted acquit convict deadlocked occurs time deadlocked juries kalven zeisel say contain either one two three dissenters latter cases majorities favor prosecution defendant thus eliminating deadlocks louisiana wins cases every loses obtaining band outcomes substantially favorable conviction ratio ratio slightly less two guilty verdicts every acquittal kalven zeisel american jury table eliminating cases oregon even better gaining convictions every acquittal statutes face deceptively appear neutral use nonunanimous jury stacks process accused thus take one step away accusatorial system proud boast belief unanimous jury necessary great barricade known proof beyond reasonable doubt maintained equate proof beyond reasonable doubt requirement unanimous jury analytically fallacious since deadlocked jury bar double jeopardy retrial offense see dreyer illinois nevertheless one necessary proper effectuation compare mapp ohio wolf colorado suppose jury begins substantial minority process deliberation sufficient number changes reach required verdict still lingering doubt verdict clear safeguard unanimity operates context make far likely guilt established beyond reasonable doubt late learned hand said litigant dread lawsuit beyond almost anything else short sickness death criminal level dread multiplies person faced awesome power government great jeopardy even though innocent facts always elusive often may appear one imply guilt may carry overtones another every criminal prosecution crosses treacherous ground guilt common men yet guilt one may irrelevant charge tried indicate penalty extremely light character risk loss liberty certainty found guilty stigmatized conviction factors emphasized winship sustaining requirement man condemned reasonable doubt guilt therefore always held criminal cases err side letting guilty go free rather sending innocent jail required proof beyond reasonable doubt concrete substance presumption innocence procedure required degree patience part jurors forcing deliberate order reach unanimous verdict today price never seemed high law order judicial mood causes barricades lowered requirements unanimous jury verdict criminal cases proof beyond reasonable doubt embedded constitutional law touch directly citizens important barricades liberty changed introduced constitutional amendment today approves verdict relax standard reasonable doubt still resorting verdicts even majority rule moreover light today holdings williams florida future invalidate even convictions next step elimination presumption innocence justice frankfurter writing dissent leland oregon said unthinkable failure bring guilty book heinous crime deeply stirs popular sentiment may lead legislature state one emotional storms occasion sweep people enact thereafter indictment murder following attempted rape presumptive proof guilt cast upon defendant burden proving beyond reasonable doubt killing doubt statute go beyond freedom due process clause fourteenth amendment fashion penal codes procedures enforcing time law inherited emerged dark barbaric times conception justice dominated criminal law refused put accused hazard punishment fails remove every reasonable doubt innocence minds jurors duty government establish guilt beyond reasonable doubt notion basic law rightly one boasts free society requirement safeguard due process law historic procedural content due process accordingly doubt repeat state cast upon accused duty establishing beyond reasonable doubt act caused death another proof beyond reasonable doubt unanimity criminal verdicts presumption innocence basic features accusatorial system today tradition tradition inquisition amendments adopted setting new standards let man fined imprisoned derogation today indisputably law land opinion applies also apodaca et al oregon post see also story commentaries constitution ed trial jury generally understood mean ex vitermini trial jury twelve men impartially selected must unanimously concur guilt accused legal conviction law therefore dispensing requisites may considered unconstitutional term held jury six sufficient williams florida noted neither evidence theory suggested favorable accused six said unanimity impartial selection jurors see infra story commentaries cite statutory authority requirement unanimity criminal jury authority never thought necessary unanimous jury embedded legal history one question constitutional position thus never need codify indeed criminal case dealing unanimous jury ever decided today largely unquestioned constitutional assumption similar assumption course made respect seventh amendment civil jury issue reach difficulty holding unanimous jury constitutional requirement american publishing fisher course unanimous jury origin long american revolution first recorded case requirement unanimity anonymous case lib assisarum reprinted english pound plucknett readings history system common law ed said impact mapp ohio federalism bears repeating mapp established assumption supervisory authority state courts consequently implied total obliteration state laws relating arrests searches favor federal law mapp sounded death knell federalism rather echoed sentiment elkins healthy federalism depends upon avoidance needless conflict state federal courts urging cooperation promoted recognition mutual obligation respect fundamental criteria approaches ker california kalven zeisel american jury see also american jury notes english controversy chi rec american jury supra last vote deadlocked juries vote conviction per cent number juries sample lectures legal topics association bar city new york justice brennan justice marshall joins dissenting readers today opinions may understandably puzzled convictions jury votes affirmed majority agrees sixth amendment requires unanimous verdict federal criminal jury trials majority also agrees right jury trial guaranteed sixth amendment enforced according standards protect right federal encroachment reason brother powell agrees unanimous verdict required federal criminal trials agree sixth amendment right jury trial applied way state federal governments circumstance arguable affirmance convictions apodaca madden cooper inconsistent view today decision holding unanimous verdict afford accused state criminal prosecution jury trial guaranteed sixth amendment event affirmance must obscure majority remains view case every specific bill rights extends fn sixth amendment jury trial guarantee however construed identical application state federal governments add words opinions brothers douglas stewart marshall joined emotions may run high criminal trials although fairly demand jurors neutral begun hear evidence surpass power command remain unmoved evidence unfolds means jurors often enter jury deliberations strong opinions merits case time sufficient majority available reach verdict jurors majority nothing common sense restrain returning verdict fairly considered positions jurors reach different conclusion even giving reasonable leeway legislative judgment matters think simply ignores reality imagine jurors circumstances even fairly weigh arguments opposing position context must view constitutional requirement juries drawn accurate cross section community verdicts must unanimous member jury may ignored others less unanimity sufficient consideration minority views may become nothing matter majority grace opinion right groups nation participate criminal process means right voices heard unanimous verdict vindicates right majority verdicts destroy opinion applies also apodaca oregon post fn see example first amendment gitlow new york cantwell connecticut louisiana ex rel gremillion naacp fourth amendment ker california fifth amendment privilege malloy hogan fifth amendment double jeopardy clause benton maryland fifth amendment compensation clause chicago chicago sixth amendment speedy trial clause klopfer north carolina sixth amendment guarantee jury trial duncan louisiana sixth amendment confrontation clause pointer texas justice stewart justice brennan justice marshall join dissenting case tried announcement decision duncan louisiana therefore unlike apodaca oregon decided today post sixth amendment guarantee trial jury applicable destefano woods think fourteenth amendment alone clearly requires state purports accord right trial jury criminal case unanimous jury return constitutionally valid verdict guarantee systematic discrimination selection criminal juries fundamental fourteenth amendment insistent message line decisions extending nearly century carter jury whitus georgia hernandez texas patton mississippi norris alabama carter texas strauder west virginia clear purpose decisions ensure universal participation citizenry administration criminal justice yet today judgment approves elimination one rule ensure participation meaningful rule requiring assent jurors verdict conviction acquittal returned today judgment nine jurors simply ignore views fellow panel members different race class constitutional guarantee impartial system jury selection state criminal trial rests due process equal protection clauses fourteenth amendment see whitus georgia supra carter texas supra strauder west virginia supra jury selected assure fair criminal trial see public confidence result cf witherspoon illinois winship today decision grossly undermines basic assurances unanimous jury selected serve minimize potential bigotry might convict inadequate evidence acquit evidence guilt clear see strauder west virginia supra community confidence administration criminal justice corroded system defendant conspicuously identified particular group acquitted convicted jury split along group lines requirements unanimity impartial selection thus complement ensuring fair performance vital functions criminal jury denigrate system trial jury acknowledge imperfect ennoble system drape upon jury majority mantle presumptive reasonableness circumstances never impervious reality area recognition serious risks jury misbehavior theme unifying series constitutional decisions may jeopardy today facile presumption regularity becomes new point departure juries sometimes act passion prejudice constitution require availability change venue cf groppi wisconsin irvin dowd strauder west virginia supra juries sometimes act improperly constitution require protection inflammatory press coverage ex parte influence officers sheppard maxwell parker gladden turner louisiana juries must presumed obey instructions bench constitution require certain information must go jury matter strong cautionary charge accompanies bruton jackson denno indeed insist man constitutionally convicted jury members identifiable group belongs systematically excluded hernandez texas deeply engrained law tradition refusal engage review jury deliberations however safeguards provide limited protection requirement verdict jury unanimous surely important constitutional requisites preserves jury function linking law contemporary society provides simple effective method endorsed centuries experience history combat injuries fair administration justice inflicted community passion prejudice dissent notwithstanding justice blackmun disclaimer nothing reasoning opinion stop approving verdicts even justice marshall justice brennan joins dissenting today cuts heart two important inseparable safeguards bill rights offers criminal defendant right submit case jury right proof beyond reasonable doubt together safeguards occupy fundamental place constitutional scheme protecting individual defendant awesome power state today skeleton safeguards remains strips life meaning refrain adding protest brothers douglas brennan stewart join apodaca oregon question frighteningly simple bear much discussion asked decide nature jury guaranteed sixth amendment thought history provided appropriate guide justice powell demonstrated convincingly history compels decision unanimity essential feature jury majority embarked functional analysis jury allows strip away one one virtually characteristic features jury know two years ago dissent discarded essential feature traditional size jury williams florida today discards least state trials traditional requirement unanimity seems utterly ominously clear long tribunal bears label jury meet sixth amendment requirements presently viewed seems require jurors laymen drawn community without systematic exclusion group exercise commonsense judgment distressing still treatment right jury trial cavalier treatment gives proof beyond reasonable doubt asserts jury votes nine three conviction doubts three impeach verdict nine argument seems since williams nine jurors enough convict three dissenters mere surplusage difference world three jurors three jurors entertain doubts hearing evidence first case never know senseless ask whether prosecutor might persuaded additional jurors present second case know happened prosecutor tried failed persuade jurors defendant guilt circumstances violence language logic say government proved defendant guilt beyond reasonable doubt said argument fallacious deadlocked jury law bring acquittal bar retrial argument seems doubt dissenting juror reasonable doubt constitutionally bars conviction necessarily result acquittal bar retrial argument rests complete non sequitur rule properly viewed simply establishes prerequisite obtaining valid conviction prosecutor must overcome jury reasonable doubts determine shall happen fails question answered reference wholly different constitutional provision fifth amendment ban double jeopardy made applicable due process clause fourteenth amendment benton maryland prevailing notions double jeopardy jury tried failed reach unanimous verdict new trial may held perez wheat state free consistent ban double jeopardy treat verdict nonunanimous jury nullity rather acquittal retrial prosecutor may given opportunity make stronger case new evidence may available old evidence may disappeared even evidence may appear different light example demeanor witnesses different second trial may vary substantially first doubts dissenting jurors first trial necessarily impeach verdict new jury retrial conclusion wholly consistent view doubts dissenting jurors create constitutional bar conviction trial produced doubts today thought law respectfully reject suggestion brother powell doubts minority jurors may attributable irrationality protection needed jury selected properly every juror competent rational person irrationality enters deliberation process precisely essence right jury trial time approved change familiar characteristics jury reaffirmed principle fundamental characteristic capacity render commonsense layman judgment representative body drawn community fence dissenting juror fences voice community undermines principle whole notion jury rests dissenting brothers pointed danger rule excluding process members minority groups whose participation elsewhere recognized constitutional requirement emphasized however problem goes beyond problem identifiable minority groups juror whose dissenting voice unheard may spokesman minority viewpoint simply view enough doubts single juror view evidence government failed carry burden proving guilt beyond reasonable doubt dissent opinion applies also apodaca oregon post