7.7 Deadlocked Jury
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The court will grant a mistrial. This is generally considered a ?win? by defense lawyers, because it is extremely difficult to win a complete acquittal. However, if you think a mistrial is the end of the case, you'd be wrong. After a mistrial, the government can decide to take the case to trial a second time.
The judge will declare a mistrial if the jury cannot come to a decision. After more discussion, if the jury is still unable to agree on a decision, the judge may declare a mistrial because of the hung jury. In the event of a mistrial, the defendant is neither found guilty nor exonerated.
The court will grant a mistrial. This is generally considered a ?win? by defense lawyers, because it is extremely difficult to win a complete acquittal. However, if you think a mistrial is the end of the case, you'd be wrong. After a mistrial, the government can decide to take the case to trial a second time.
If a jury is unable to reach a unanimous verdict and results in a hung jury, the case may be retried with a new jury. If the second jury is also unable to reach a verdict, the judge may declare a mistrial.
For the defendant, a hung jury may mean that they have not been found guilty, but it also means that the case could be retried, leading to additional stress and cost. For the prosecution, a hung jury means that they have failed to secure a conviction, which can be a blow to their case and reputation.
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.
Criminal proceedings that end in a mistrial can result in an acquittal of the defendant. An acquittal results in a complete dismissal of the case, and the defendant can move on with their life. However, prosecutors can choose to pursue a new trial against the defendant or provide an option for a plea bargain.
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.
