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On Jury Unanimity, Peremptory Challenges, and So Much More: The ABA Updates Its Principles for Juries and Jury Trials
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On Jury Unanimity, Peremptory Challenges, and So Much More: The ABA Updates Its Principles for Juries and Jury Trials
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Journal Article
On Jury Unanimity, Peremptory Challenges, and So Much More: The ABA Updates Its Principles for Juries and Jury Trials
2025
Overview
The American Bar Association (ABA) has long been interested in ensuring that jury trial rights, both state and federal, are fully protected and are administered in a manner that respects not only the rights of litigants to fair jury decisions but also the rights of citizens to participate in their democracy by serving as jurors. [...]the ABA established a Commission on the American Jury, composed of judges and lawyers experienced in the jury trial arena, that it tasked with adopting best practices for jury trials and, more generally, with issues related to jury management. [...]as the Commentary explains, the Supreme Court recently overrode those state law provisions in Ramos v. Louisiana, holding that the federal Constitution's Sixth Amendment jury trial guarantee requires unanimity in criminal trials whether in federal court or state court. (The Commission likes to think that its longstanding Principle 4 finally convinced the Supreme Court to adopt this suggested best practice as a federal constitutional right.) But the Commentary does not stop at reporting this important recent development in the law. [...]the Washington Supreme Court has made it easier to challenge the use of a peremptory by holding that a prima facie case of discrimination has been made if a party strikes the last member of a racially cognizable group.
