Still in Prison

What is a non-unanimous jury?

In every other state in the country and in federal courts, every person on a jury has to vote that the prosecution proved guilt beyond a reasonable doubt. A unanimous jury is the cornerstone of American law. 

Oregon was the last state in the country to allow a person to be convicted and sent to prison even when up to two people voted “not-guilty.” Allowing a ten-two or eleven-one non-unanimous decision meant that the opinions of two jurors could be completely disregarded and silenced. The jury could and did convict without them.

 

 

The Impact

Black Oregonians make up approximately 2% of the state population, which already makes it less likely they will be selected to be on a jury. And those who get arrested, prosecuted, and ultimately convicted in Oregon, as elsewhere, are disproportionately Black. The discriminatory purpose of non-unanimous juries was actualized and people of color, mostly Black defendants, were disportionately convicted by non-unanimous juries. They would have never been convicted and sent to prison anywhere else in the country.

 

 

To learn more, please visit:

stillinprison.org

 

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