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Processing of Criminal Court Cases
In criminal court processing, the prosecution has the burden of proof, which is to establish the defendant's guilt beyond a reasonable doubt. In addition, there is a standard, in most states, that trial juries be unanimous in their decision to adjudicate a defendant guilty. Critics of the current practice and system contend that a unanimous jury decision should not be required as it is not prescribed by the constitution. They argue that a less-than-unanimous, or majority jury decision is still fair to the defendant. This is how it is practiced in non-murder felony cases in many states. Do you think other states should abandon their requirement that jury decisions be unanimous to convict or acquit an offender? Should they adopt the less-than-unanimous, majority decision? Ensure that you justify your response and include a discussion of the balance between individual rights and due process and public order.
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