Discuss the history of a 12-person jury in the United States.
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The use of 12 jurors in the American colonies was generally accepted as the correct size to fairly sit in judgment at a criminal trial and was the accepted standard at the time the nation was founded. More than 200 years later, juries made up of 12 people are still the norm.
While Rule 23(b) of the Federal Rules of Criminal Procedure, which states that juries must consist of 12 persons, governs federal prosecutions, the use of 12 jurors is not constitutionally mandated. In Williams v. Florida (1970), the Supreme Court ruled that juries do not have to be made up of 12 people to be constitutional. In considering the matter, the Court found that the tradition of juries having 12 members was an "historical accident, wholly without significance except to mystics."
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