The prosecutors must prove the defendant guilty beyond a reasonable doubt
The prosecutor has a very high burden to meet, especially when we consider that the constitution requires the defendant be presumed innocent.
Unanimous Verdict Required To Convict
The prosecutor must obtain an unanimous verdict for a finding of guilt. For the defense to obtain a not guilty verdict they too must obtain an unanimous verdict.
If just one juror doubts the defendant’s guilt and the juror believes their doubt is reasonable, the jury will not be able to to convict the defendant.
Where there are jury hold-outs, courts will usually order the jury back to the jury room to continue their deliberation in the hope the jury will ultimately reach an unanimous verdict. If the jury is hung the court must declare a mistrial.
Opportunity for a plea bargain
Since a retrial of the same facts is bound to be problematic especially if the jury was split split on the issue of guilt, the prosecutor will usually approach defense counsel and offer a favorable plea bargain.
Typically, the prosecution is allowed to try the case up to three times before conceding the case.
