Eleven to One
A unanimous verdict is not one decision. It is twelve.
On September 4, a Massachusetts judge declared a mistrial in the murder trial of Lindsay Clancy. The jury had deliberated for roughly 38 hours over seven days. Its notes reported an 11–1 split. The defense asked the state's highest court to intervene, and the court declined. A retrial is possible.
Pundits will argue about the lone juror. Trial lawyers should study the arithmetic. When the verdict must be unanimous, a case is not tried to "the jury." It is tried to each juror, one at a time, and it is only as strong as its reception by the least persuaded person in the box.
That truth cuts both ways. The side carrying the burden must build a case that survives the most skeptical juror's questions. The side resisting it needs only one juror who leaves the room unconvinced, and must give that juror something to hold onto when eleven others push back.
Three practical lessons follow:
Voir dire is for finding the twelfth juror, not the friendly eleven. Ask the questions that reveal who will hold a position under pressure.
Give every juror an argument they can repeat. Deliberations are advocacy without lawyers. The juror who can explain your theme in one sentence carries it into the room.
Test the case on real people before trial. A mock jury shows which juror the case loses, and why.
Trials are won in the room you never enter. Prepare for it.
This post is general information, not legal advice, and takes no position on any pending case. McIlvaine Law Group, 5 Saint Andrews Court, Brunswick, Georgia 31520. Attorney responsible: James Wrixam McIlvaine. Trial strategy and consulting for lawyers: mcilvainelaw.net/trial-strategy.
