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by chasil 1435 days ago
In the final play of the Orestia trilogy by Aeschylus, the goddess Athena convenes a jury of twelve citizens to decide the guilt of Orestes in the murder of his mother, Clytemnestra.

The jury is evenly split, and Athena adds a final vote for innocence, calling it her precedent.

It is unfortunate that the United States did not follow this ancient judicial custom EDIT: to acquit if half the jury refuses to convict.

https://en.wikipedia.org/wiki/Oresteia#The_Eumenides

(I live in a midsize U.S. town that happens to have the oldest community theater that performs Greek plays in mask every year.)

1 comments

> It is unfortunate that the United States did not follow this ancient judicial custom.

Requiring a simple majority of the jury for a serious criminal conviction, but splitting ties for the defense, rather than the US practice of requiring a unanimous verdict for conviction?