Latest Case: United States v. Mattis (Criminal Law)

Should Acquittals Require Unanimity?

SHERRY F. COLB

Cornell law professor Sherry F. Colb considers the policy question of whether, since the Constitution requires jury unanimity to convict a defendant of a serious crime, states should require a unanimous verdict to acquit a defendant, as well. Colb describes the reasons behind jury unanimity convictions and assesses whether they apply similarly to acquittals.

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United States v. Mattis

Docket: 20-1713

Opinion Date: June 30, 2020

Judge: Peter W. Hall

Areas of Law: Criminal Law

The Second Circuit affirmed the district court's order granting Defendants Mattis and Rahman's release on bail pending trial. Amidst city and nationwide protests against police brutality, defendants were arrested after an incident in which Rahman allegedly threw a Molotov cocktail into an unoccupied police vehicle and Mattis allegedly acted as the getaway driver. The court cannot say that it is left with a "definite and firm conviction" that the district court erred in determining that the conditions imposed are adequate to reasonably assure that defendants do not constitute a danger to the community. The court noted that defendants' actions were undertaken during a massive public protest, in which emotions ran high. Furthermore, there is no indication that defendants are likely to engage in similar acts outside of the context of that particular night. In this case, neither defendant had a prior criminal record, both had engaged in responsible careers and are dedicated to caring for their families, both demonstrated they had deep ties to the community, and both had friends and family explain that they were willing to post $250,000 bonds as bail. The court held that the conditions of release contain provisions that impede defendants' ability to engage in criminal activity, and the evidence to which the government points the court and which the court has otherwise gleaned from the record is inadequate to leave it with a firm conviction that the district court erred in finding those conditions sufficient to assure public safety. Accordingly, the court vacated the stay previously entered in this matter.