Criminal Trials

ORS 136.450
Number of jurors required for verdict


The verdict of a trial jury in a criminal action shall be by concurrence of at least 10 of 12 jurors. [Formerly 136.610; 1997 c.313 §25; 2019 c.635 §8]

See also annotations under ORS 136.610 in permanent edition.

Notes of Decisions

The verdict of a jury of less than 12 members must be unanimous. State v. Johnson, 13 Or App 79, 508 P2d 840 (1973)

Where juror stated she had voted for conviction in jury room but changed vote to not guilty when jury was polled and changed vote defeated verdict reached in jury room, it was error to receive verdict. State v. De Vault, 78 Or App 307, 715 P2d 1353 (1986)

Juries must agree on specific factual occurrences that constitute statutorily defined elements of crime at issue, although they need not agree on evidentiary bases for proving elements. State v. Houston, 147 Or App 285, 935 P2d 1242 (1997)

Where alternative fact patterns are offered as bases for proving elements of crime, court may either force state to make election at close of case in chief or may instruct jury of need to agree on facts forming elements of crime. State v. Houston, 147 Or App 285, 935 P2d 1242 (1997)

Verdict of guilty except for insanity requires same number of concurring jurors as other guilty verdicts. State v. Reese, 156 Or App 406, 967 P2d 514 (1998)


Source

Last accessed
Jun. 26, 2021