The U.S. Constitution requires the jury in criminal trials, whether federal or state, to be unanimous in its verdict. And yet, in courts-martial, the jury (or "panel," in military justice parlance) may continue to convict-and impose a sentence of up to life in prison without the possibility of release-by the mere agreement of six out of eight jurors. This Note challenges the constitutionality of this noticeable relic in criminal procedure and, in light of judicial hesitation, recommends several measures that can be taken by the political branches of both the federal and state governments.
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