Hung Jury /hʌŋ ˈdʒʊr.i/

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Reviewed By Bryan Driscoll

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Definition of Hung Jury

A hung jury occurs when the jurors in a criminal trial are unable to reach a unanimous or sufficient majority verdict after prolonged deliberation. In the United States, most criminal cases require a unanimous decision for conviction or acquittal. When the jury is deadlocked and cannot agree on a verdict, it results in a hung jury, indicating that the prosecution has not met the burden of proof beyond a reasonable doubt.

What Happens After a Hung Jury

After a hung jury is declared, several outcomes are possible:

  • Mistrial Declaration: The judge declares the trial a mistrial due to the inability of the jury to reach a verdict.
  • Retrial: The prosecution may choose to retry the case with a new jury, especially if they believe they have sufficient evidence to secure a conviction.
  • Dismissal of Charges: In some instances, the prosecution may decide to drop the charges if a retrial is deemed unlikely to result in a conviction.
  • Plea Bargaining: Both parties may enter negotiations to resolve the case without proceeding to a retrial.

Hung Jury Rules in Court

Court rules regarding hung juries vary by jurisdiction but generally include:

  • Extended Deliberations: Jurors are given additional time to deliberate and reach a consensus.
  • Additional Instructions: The judge may provide further instructions or clarify legal points to assist the jury in their decision-making process.
  • Alternative Verdicts: In some states, non-unanimous verdicts may be accepted for certain types of cases, though this is not common in serious criminal trials.

Can a Hung Jury Lead to Mistrial

Yes, a hung jury typically leads to a mistrial. A mistrial is declared when the jury cannot reach a unanimous decision despite reasonable efforts and additional deliberation time. This declaration allows the case to be resolved through other means, such as a retrial or dismissal of charges.

Hung Jury and Trial Restart

When a mistrial is declared due to a hung jury, the trial may be restarted with a new jury. The retrial process involves:

  1. Selection of a New Jury: A fresh jury is empaneled to hear the case.
  2. Reopening of the Case: All evidence is presented again, and both prosecution and defense have the opportunity to argue their positions.
  3. Possible Changes: The prosecution may reassess their strategy or the charges based on the previous trial’s outcome.

Hung Jury Impact on Trials

A hung jury can significantly impact the legal process by:

  • Delaying Justice: The need for a retrial can prolong the resolution of a case.
  • Financial Costs: Additional trials increase legal expenses for both the prosecution and defense.
  • Emotional Strain: Multiple trials can add to the stress and emotional burden on all parties involved, including victims and witnesses.

Conclusion

Understanding the concept of a hung jury, its causes, and its consequences is essential for comprehending the complexities of the U.S. legal system. A hung jury underscores the importance of a fair and thorough deliberation process, ensuring that verdicts are just and based on collective agreement.

Note: This content was generated with AI and edited and fact-checked by ConsumerShield editors.

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