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The US: jury unanimity needed (Pt 2)

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Justice is done. Michael Zander QC on the aftermath of the murder trial of Derek Chauvin
  • Without video evidence one wonders whether there would have been criminal charges, let alone a conviction.

There was immense relief in America—and certainly in many other countries too—that the trial of former police officer Derek Chauvin ended with verdicts of guilty on all three counts—second degree murder, third degree murder and second degree manslaughter of George Floyd. Chauvin’s bail was revoked and he was led from the court in handcuffs.

Given the overwhelming strength of the prosecution’s evidence and a diverse jury, an acquittal was always unlikely. But in the US the jury in a serious criminal case must be unanimous and there was always the possibility that the defence would succeed in persuading at least one juror to hold out against conviction and thereby cause a mistrial.

One thought it might take the jurors several days to sift through two weeks of evidence of over 40 witnesses, much of it technical expert testimony. They retired on Monday

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The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
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After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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