A mistrial due to a hung jury does not mean that the defendant is acquitted or convicted; instead, it resets the case to a pre-trial state, giving the prosecution and defense the opportunity to decide how to proceed. A deadlocked jury is a common type of mistrial but there are multipole other types of mistrials.
The court will send you a second jury duty request if you missed your first appearance. If you miss a jury date, serious consequences can take effect. You could be held in contempt of court and required to attend jury duty on a different date. You can also be fined $500 for missing a jury appearance.
The judge may grant a judgment as a matter of law (JMOL) if it appears there is no issue of material fact for a jury to decide. A judge can deliver both these judgments, but they can't set aside an acquittal in a criminal case. Once a jury has rendered a not-guilty verdict, the judge can't overturn it.
Peremptory: Each side has a certain number of challenges that can be used to excuse a juror without giving a reason. The judge must excuse the juror in question if a peremptory challenge is issued. This does not mean that the juror is incompetent in any way.
"There's not a hard and fast rule as far as time limit before the judge declares a mistrial," said Katherine Loftus, a Boston attorney with Loftus & Loftus PC. "What happens, basically, they would come back and say, 'We're at an impasse' and go back and deliberate some more.
In both civil and criminal trials, if the jury can't agree on a verdict, they report back to the judge. If the judge feels the jury has not deliberated long enough, they will keep trying. A "hung jury" occurs when the jury is hopelessly deadlocked.
"There's not a hard and fast rule as far as time limit before the judge declares a mistrial," said Katherine Loftus, a Boston attorney with Loftus & Loftus PC. "What happens, basically, they would come back and say, 'We're at an impasse' and go back and deliberate some more.
Failure to complete and return a jury questionnaire, providing false information on the questionnaire, or using vulgar or profane language in response to a jury questionnaire subjects a citizen to show cause proceeding for contempt of court.
When writing a jury excuse letter, directly state why you cannot serve and how serving would lead to hardship. Valid exemptions include being ill or disabled, being the sole guardian of young children, or being over the age of 70. Include documentation such as a doctor's note or a letter from an employer.