Six of one is not a dozen of the other: the size of state criminal juries.(Case Note) From: University of Pennsylvania Law Review | Date: January 1, 1998| Author: | COPYRIGHT 1998 University of Pennsylvania, Law School. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan.  All inquiries regarding rights should be directed to the Gale Group.Copyright information

The US Supreme Court in Williams v. Florida incorrectly interpreted the 6th Amendment right to trial by jury as not mandating the historic common law 12 person standard. Scholarly evidence demonstrates that the Court's analysis was incorrect in considering the 12 person standard as a historical accident and misconceiving the Framers' intent in retention of the common law standard. Social science research supports the argument that differences in group size result in different outcomes.

The quality of social science scholarship displayed [in the Court's

decisions on jury size] would ...

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