Hung Jury

Share This
« Back to Glossary Index

A hung jury is one that is hopelessly deadlocked and unable to reach a verdict and which results in a mistrial

Hung jury – Criminal Trials

After extensive jury deliberation, if the jury cannot reach a unanimous verdict concerning the guilt or innocence of a criminal defendant, the judge will have to declare a hung jury and mistrial.

After the mistrial, the prosecutor will meet with their supervising attorney to discuss whether the case is worth going to trial again. Most states only allow prosecutors three chances to obtain a verdict. After the third time, unless new and compelling evidence is discovered to warrant another trial, the defendant will not be retried. 

Important to remember the criminal defendant having not been convicted does not mean the jury found the defendant “not guilty.

The public records will still show the defendant was arrested and charged with a specific criminal offense.

Hung Jury – Civil Trials

In a civil trial, the jury is not required to reach a unanimous verdict. Many states allow a verdict if nine of the twelve jurors reach a decision in the case. 

If the jury is unable to reach a verdict, the judge will usually have to declare a mistrial. Under these circumstances, since none of the parties want to go through a retrial, they will usually end up settling their case.  

 

 

Related Articles

Criminal And Civil Law

September 2, 2021
Differences Between Criminal And Civil Law Civil matters adjudicate conflict between individuals and business entities, and criminal matters involve alleged wrongs committed by individuals against the public. This article will look at some of the differences between criminal and civil law: Criminal Law In criminal cases, the prosecutor's role is to represent the state or…
Read more →

Jury Verdicts & Post-Trial Motions

September 2, 2021
Criminal Jury Instructions, Deliberation, Verdicts And Outcomes To understand jury verdicts, we must also understand jury instructions. Jury instructions are the formal written directives the judge will use to inform the jury of the law in the case and the many rules on what the jury can and cannot do in reaching their verdict. Reading…
Read more →

The Personal Injury Trial

September 2, 2021
This article takes a deep dive into the anatomy of the personal injury trial. However, before going into the details and mechanics of what happens at a personal injury trial, we begin with a realistic look at the risks and costs of going to trial and the reasons why both plaintiff’s attorneys and defense litigators recommend settlement…
Read more →

Jury Duty: Everything You Need to Know

September 2, 2021
Jury duty is a civic duty that all US citizens are expected to perform. When you are summoned by the court to serve on a jury, it will decide the outcome of a trial. Because of the disruption and uncertainty, many people dread being called for jury duty. When you get the summon, you must…
Read more →

Affiliate disclosure

GotTrouble.org is a one-stop free and open consumer information and expert resource.

Our information helps guide people through the complexity of life-changing legal, financial, and emotional challenges.

One way of doing this is by providing our visitors with a wide range of third-party resources. Some of which are affiliates.

Should you visit an affiliate, we will disclose this fact, and we may earn a commission. We ask that you use your independent judgment in deciding whether an offered service or product fits your needs and purposes.

If you have questions, please get in touch with us at inquiries@GotTrouble.org.

Sponsors