The jury trial is one of the handful of democratic institutions that allow individual citizens, rather than the government, to make important societal decisions. A crucial component of the jury trial, at least in serious criminal cases, is the rule that verdicts be unanimous among the jurors (usually twelve in number). Under so that one or even two dissenting jurors will not be able to force a retrial.
But the material costs of hung juries do not warrant losing the benefit to society of the unanimous verdict. Statistically, jury trials are relatively rare; the vast majority of defendants do not have the option of a jury trial or elect to have a trial without a jury—or they plead guilty to may sometimes lead to inconclusive outcomes, a hung jury is certainly preferable to an unjust verdict.
Requiring unanimity provides a better chance that a trial, and thus a verdict, will be fair. Innocent people are already occasionally convicted—perhaps in some cases because jurors presume that anyone who has been brought to trial is probably guilty—and eliminating the unanimity requirement would only increase the opportunity for such mistakes. Furthermore, dismissed out of hand, society’s confidence that a proper verdict has been reached would be undermined.
What this question is testing
Anticipate
This is a Principle question, scoped to P3. The principle test: which broad rule, when applied, makes the author's P3 arguments make sense?
P3's arguments are all about preventing wrongful convictions. The author says: innocent people are already convicted sometimes, dropping unanimity would make that worse, dissenting jurors must be heard, and the verdict has to represent the whole jury. The unifying idea is that wrongful convictions are bad enough that we should accept some inconvenience (the unanimity requirement) to guard against them.
Goal
Look for an answer that says, in some form: the risk of unjust verdicts is serious enough to warrant strong measures. Common traps:
Principles about judges' thoroughness — but P3 is about jurors
Principles about irresponsible jurors — P3 doesn't blame jurors
Principles that say unanimity will eliminate unjust verdicts — too strong; the author says it reduces the risk
Principles that frame the system as inherently flawed — the author isn't conceding that
Reading along? Open the full official question in LawHub — we show a fragment here and keep the reasoning in our own words.