DemSoc states have no problem with giving criminals another chance to offend.
So everyone who goes on trial is a criminal?
“10-2 verdict, the defendant wins.”
Probably not. The judge declares a mistrial and it is up to the prosecution whether it wants to proceed to another trial or not. With a 10 - 2 jury they are probably going to want another trial.
The same for a 2 - 10 jury. Defendant is not found not guilty, it is a mistrial. Prosecution in that case would probably not opt for another trial, but with power mad DAs hating to lose a case you never know.
“10-2 verdict, the defendant wins. He walks, and he either stays honest, or kills some else.”
A 10-2 verdict results in a mistrial. Murder defendant stays in jail and the prosecution has the option to start the process over again.
That scenario was not at issue here in any case. Before this ruling, Oregon was the only state in the union that allowed non-unanimous decisions in felony cases and they only allowed them in non-murder trials. Louisiana was the only other state that had allowed it, but that law was overturned by a landslide amendment referendum in 2018.