Deadlocked Jury — Return for Deliberations (revised 2014) is a legal process in which 12 jurors must come to a unanimous verdict in a criminal trial. In the event that the jury is deadlocked, a judge may instruct them to keep deliberating in order to reach a verdict. This is known as a “return for deliberations” and is a commonly used tactic by judges in order to avoid the jury being discharged without a verdict. There are two types of “return for deliberations”: “Allen Charge” and “Dynamite Charge”. The Allen Charge is when the judge instructs the jury to re-examine their decisions in an effort to reach a unanimous verdict. The Dynamite Charge is when the judge tells the jurors that if they cannot come to a unanimous verdict, the case will be declared a mistrial. Both of these tactics are used to encourage the jury to reach a decision and avoid a mistrial.
Deadlocked Jury - Return for Deliberations (revised 2014)
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A hung jury, also called a deadlocked jury, is a judicial jury that cannot agree upon a verdict after extended deliberation and is unable to reach the required unanimity or supermajority. Hung juries usually result in the case being tried again.
It is questionable whether or not retrial after a hung jury is Constitutional. Nonetheless, in the United States today, it is generally permitted. If a mistrial occurs due to a hung jury, the prosecutor may decide to retry the case.
What Happens If a Jury Is Hung Twice? Generally, it is rare for a hung jury to occur, let alone occur twice for the same proceeding. Often, juries will report that they are deadlocked after only deliberating for a short period of time. If there is a hung jury, the judge may order the jurors to deliberate further.
A deadlocked jury is a jury that, despite honest attempts, is unable to reach a verdict by the required voting margin, resulting in a mistrial. Deadlocked jury is also known as a hung jury. Often, a deadlocked jury will lead to a retrial of the case.
If the jury still cannot reach a verdict after further deliberation, the judge can declare a mistrial due to the hung jury. A mistrial means that the defendant is neither convicted or acquitted.
A hung jury, also called a deadlocked jury, is a judicial jury that cannot agree upon a verdict after extended deliberation and is unable to reach the required unanimity or supermajority. Hung juries usually result in the case being tried again.
If the jury still cannot reach a verdict after further deliberation, the judge can declare a mistrial due to the hung jury. A mistrial means that the defendant is neither convicted or acquitted.
If there is a hung jury, the judge may order the jurors to deliberate further. This is known as an Allen charge and is generally only given once or twice. Often, juries will report that they are deadlocked after only deliberating for a short period of time.