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Mass. Bar Split As Pre-Pandemic 12-Person Juries Return

Member Cory Flashner was quoted in a Law360 article, sharing his insights on the return of the pre-pandemic 12-person jury to Massachusetts state courts.

Cory commented, “If you’re the side with the burden of proof, be that the government in a criminal case or the plaintiff in a civil case, facing a six-person jury means you only have to convince six reasonable people instead of 12 reasonable people. In the criminal context, it becomes even more difficult, because you’re more likely to get one holdout juror if you have 12.”