Indiana Jury Instruction - 6.1 Raiding Key Employees
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FAQ
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.
Juries that hung reported more trouble remembering the evidence and law, less thorough discussions of the evidence during deliberations, more conflict among the jurors and more domination by one or two jurors, and a larger presence of unreasonable people on the jury.
Instruction 501.5(c), as amended, sets out the proposition that if the defendant caused the injury, loss, or damage to the claimant, he or she is responsible for any injury, loss, or damage caused by medical care or treatment reasonably obtained by the claimant.
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.
A mistrial, in essence, temporarily leaves the case in limbo until decisions can be made about how and when to move forward. Depending on what prompted the mistrial, most cases will be retried again at a later date. This can benefit the defense.
The judge may direct them to deliberate further, usually no more than once or twice. This direction is most commonly known as an Allen charge. If a verdict still cannot be delivered, at some point the judge will declare a mistrial due to the hung jury.
These instructions or directions help jurors pinpoint a case's specific issues, as well as those laws that are applicable and determinative of the outcome.
How many jurors are required? To sit on a panel you must have 12 jurors for a criminal case (Murder, Level 1, 2, 3, 4 and 5 Felony). If you have a lesser criminal case such as a Level 6 Felony or a Misdemeanor offense then only 6 jurors are necessary. A civil case requires 6.