A jury must reach a unanimous opinion regarding the defendant’s guilt or innocence before a judgement can be rendered. A jury that cannot agree on whether to find a defendant guilty or not guilty is said to have reached a “hung jury,” also referred to as a “deadlocked jury.” Keep reading to learn more about what happens if a jury cannot reach a decision.
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The Judge will encourage the jury to further deliberate if they cannot come to an agreement
The judge may instruct the jury to consider more if there is a hung jury. Usually only delivered once or twice, this is referred to as an Allen charge. Frequently, jurors will state that they have reached a deadlock after only a brief period of deliberation. The jurors are urged by an Allen charge to further ponder their decision, particularly if they are in the minority. The jury may even be allowed to examine the parties involved during a hearing that the judge occasionally schedules.
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 parties are then put back in the positions they were in before the trial started, and the prosecution can then choose whether to retry the case, negotiate a plea deal with the defendant, or drop the charges.
Is it a good sign if the jury cannot decide on your case?
A deadlocked jury might occasionally portend good news for the defendant. For instance, the prosecution might decide not to retry the case if 11 jurors voted for acquittal and only one juror chose to convict. As a result, the case can be dropped, or the defendant might get a plea deal. In any situation, a mistrial is preferable to a conviction. It is highly challenging to overturn a conviction, and success on appeal is not assured.
That said, if the situation is the opposite, and 11 jurors voted to convict while only one voted not guilty, then this could be a sign that the prosecution has a strong change to win at a retrial. This could indicate that it is time to aggressively negotiate to find the best possible plea bargain.
Regardless of the specifics of your case, one thing is true: you deserve the best criminal defense attorney. You can contact Chambers Law Firm at 714-760-4088 now to request a free legal consultation and get a top attorney on your side.
