Constitutional Law
Oct. 13, 2026
Twelve angry men, or 6? Clancy, Kian and the constitutional jury
The U.S. Supreme Court's review of Kian v. Florida could restore the 12-person jury requirement in state criminal trials, raising questions about constitutional originalism, jury diversity, deliberation and the rights of defendants.
Jeffrey M. Chemerinsky
Partner
Kendall Brill & Kelly LLP
Phone: (310) 272-7929
Email: JChemerinsky@kbkfirm.com
Jeffrey M. Chemerinsky is a partner at Kendall Brill & Kelly LLP and served as an assistant United States attorney from 2014-2023.
In a reverse of Twelve Angry Men, in Commonwealth v. Clancy, one juror stopped 11 from acquitting a woman accused of murdering her three children. The mistrial raises a question the Supreme Court will soon confront from a different angle in Kian v. Florida, a case it is hearing later this term: is a deadlocked jury a failure of the system, or proof that it's working? The Kian case could have profound implications for the structures of jury trials thr...
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