Trial Jury Herein With Hung
Description
How to fill out Motion For New Trial?
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FAQ
Each jury in criminal courts contains 12 jurors. In civil cases, only six people are necessary for a jury, and if there is only one dissenter (i.e. a 5?1 vote) the dissenter can be ignored with the majority opinion becoming the final verdict.
After a Hung Jury, the just will declare a mistrial and a new trial will be set. The prosecution has several options in this situation: Retrial: The prosecution may decide to retry the case. This is often the most common outcome after a hung jury.
If a jury cannot arrive at a verdict within a reasonable time and indicates to the judge that there is no possibility that they can reach a verdict, the judge, in their discretion, may dismiss the jury.
After a hung jury, both the prosecution and the defense may make adjustments to their legal strategies. They may reevaluate the strength of their case, reconsider which evidence to present, or assess the feasibility of reaching a plea agreement.
In some cases, the defense may benefit from a hung jury if it suggests that the evidence against the defendant is not strong enough to convince all 12 jurors of their guilt. On the other hand, the prosecution may benefit from a hung jury if it suggests that the case is still strong enough to pursue a retrial.