Utah Jury Instruction - 4.2 Impeachment Of Witnesses Inconsistent Statement And Felony Conviction
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Criminal cases The jurors meet in a room outside the courtroom to decide whether the prosecutor has proven beyond a reasonable doubt that the accused is guilty. All the jurors must agree on the decision or verdict ? their decision must be unanimous.
But a few states will allow a defendant to waive this right, just as the defendant can waive other Constitutional rights, such as the Fifth Amendment right not to be compelled to testify. The majority of states, however, do not allow a defendant to agree to a less-than-unanimous verdict.
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.
Nevertheless, most courts, seemingly unaware of the presence of divergent policy considerations, apply a single rule to all types of inconsistent verdicts. ' Thus, federal courts and some state courts uphold inconsistent verdicts in every case.
For criminal trials, nearly every state requires the jury to produce a unanimous verdict. For civil trials, almost one-third of states only require a majority for a verdict. Some states require a majority if the money at issue in the trial is below a certain amount, and a unanimous verdict all other times.
The Ohio Jury Instructions (OJI) are written by a committee of the Ohio Judicial Conference. The Law Library has the OJI in its Westlaw database, Lexis ebooks (Overdrive) as well as in print. You can buy Ohio Jury Instructions in print or electronically from LexisNexis.
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.