Does a jury's unanimous verdict of "not guilty" on the lesser included offense compel a different conclusion?

California, United States of America


The following excerpt is from Stone v. Superior Court, 183 Cal.Rptr. 647, 31 Cal.3d 503, 646 P.2d 809 (Cal. 1982):

Nor does Green v. United States (1957) 355 U.S. 184, 78 S.Ct. 221, 2 L.Ed.2d 199, cited by the majority ( ante, p. 655, of 183 Cal.Rptr. p. 817 of 646 P.2d) compel a different conclusion. In Green, the jurors had reached unanimity on the lesser included offense, thus leaving no room for speculation on their finding on the greater offense. Indeed, if the federal instruction cited above had been given, the Green jurors' verdict on the lesser offense clearly demonstrated that they had unanimously reached [31 Cal.3d 525] a verdict of "not guilty" on the greater offense. Once a jury has reached unanimity as to one offense, it has implicitly or explicitly rejected the possible alternative verdicts. Here, however, no such final unanimous verdict was reached. The votes thus could not be said to be a final product of the jurors' deliberation.

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