The Jury Size and Agreement Required
Apodaca – court badly split …
4 say unanimity the rule at time of ratification BOR
4 say not expressly in 6A so less than unanimous is ok
Powell says binding on federal trials but states are not bound and can use less than 12 and need not be unanimous
Feds:  12 and unanimous
States see smaller juries as cost efficient (though Texas stayed with 12)
Non-unanimous means less hung juries
Lowest minimum – 6 member jury (but then has to be unanimous)
10-2 or 11-1 is ok …below that, the USSC has not ruled
most say 8-4 is NOT ok, 9-3 is debatable
most misdemeanor cases (6 mo – 1 yr) 6 jurors in most jurisdictions