And why not? After all, it’s not the prosecutor’s ass on the line.
The Illinois Supreme Court has ruled that if a criminal defendant wants a jury with fewer than 12 people and the judge allows it, a state prosecutor can't stop it.
In a unanimous opinion, the court rejected DuPage County State's Attorney Joseph Birkett's request for a writ of mandamus to force DuPage County Circuit Court Judge Peter Dockery to deny a request for a six-person jury made by defendant William Krolik, who is charged with attempted home invasion and armed robbery. The court said that it was an issue best left to the discretion of the trial judge and that the defendant has a right, under Illinois state law, to choose a smaller jury.
"The state has not established that the seating of a 12-person jury is simply a ministerial action allowing it absolute veto power to foreclose a defendant from requesting, and the circuit court from considering, the empaneling of a jury of a lesser number," the Supreme Court said in its Oct. 8 opinion.
Source: Law.com - Illinois High Court Lets Defendant Choose Jury Size