Also known as a deadlocked jury, a hung jury occurs when a jury in a criminal or civil proceeding is unable to reach a unanimous verdict after deliberations. This often causes a mistrial and raises vital questions regarding retrial, prosecutorial discretion, double jeopardy, and the entire criminal justice process. This term is familiar, but its legal and procedural implications are nuanced and rooted in both law and common law principles.

Understanding A Hung Jury

A hung jury is a jury in which jurors are unable to determine whether the defendant is guilty or innocent under the law. A unanimous ruling of all 12 jurors is needed in all California criminal proceedings for either acquittal or conviction. The jury will be considered deadlocked or hung if one juror dissents and the jury cannot be convinced to agree after reasonable deliberations. This definition aligns with the widespread legal usage in the United States and is not new in California. It shows that the jury is 'hung up' in its decision-making process and cannot make a final ruling.

The Jury System In California And Unanimity Requirements

Before a verdict is entered, every criminal trial jury must reach a unanimous decision. This is required by state law and is covered under the constitutional principles that require a fair trial. The unanimity rule means all 12 jurors must agree on every element of the offense and the entire ruling. The jury will be considered deadlocked even if one juror disagrees after extensive deliberations. In this case, the judge must act in accordance with applicable legal procedures.

On the other hand, civil proceedings are different. The ruling only requires a supermajority, usually three-fourths of the jurors, instead of complete unanimity. However, hung juries are common and less legally significant in criminal cases.

How A Hung Jury Occurs

The jury will retire to discuss after the evidence has been presented, legal arguments have been made, and the jury instructions have been given. The deliberations will constitute:

  • Jurors reviewing evidence
  • Deliberating on how the law applies, and
  • Trying to agree on every charged crime

The following will happen during deliberations:

  • Jurors will ask the judge to clarify specific points of law
  • Reviewing and deliberating on the evidence
  • The jurors will eventually vote on whether the prosecution has proven guilt beyond a reasonable doubt

A verdict will be delivered if the jury votes unanimously. Further deliberations will be made if a verdict is not delivered. It will be considered a hung jury if the jury continues to be unable to reach a unanimous decision after extended deliberations.

During the deliberations, the judge can encourage further deliberations before declaring a deadlock. Judges in some jurisdictions can issue an ‘’Allen charge. An ‘’Allen charge’’ is a judicial instruction that enables the jury to reach an agreement without forcing any juror. However, this practice is often applied sparingly and carefully. The judge will declare a mistrial based on a hung jury if he/she establishes that the jury has reached an impasse.

What Happens When A Hung Jury Is Declared?

A hung jury does not result in a final ruling; instead, it causes a mistrial. A mistrial means the trial has been declared invalid and ended without a verdict of guilt or innocence. This can happen when the jury fails to fulfill its core mandate of delivering a verdict. This will restart the process legally.

The judge will formally discharge the jury and declare a mistrial if he/she determines that the jury is deadlocked. A judge will do this in open court and can also guide the next steps in the case. A mistrial that occurs due to a hung jury is not considered an acquittal. The defendant remains charged, and the case is not yet concluded.

Repercussions Of Hung Jury

The prosecutor has the power to determine what to do next after a mistrial from a hung jury. He/she can do the following:

  • Pursue a plea agreement with the offender to avoid another trial
  • Drop the case entirely
  • Retry the case with a new jury

The decision often depends on factors like:

  • Whether further evidence can change the results, and
  • How close the jury vote appeared to be

A retrial constitutes restarting the case before a new jury. The defense legal team will present its case, and the prosecutor will do the same as if the previous trial had not happened. This is the case because a hung jury is not considered a verdict, and does not resolve the case either way.

A defendant cannot be tried twice for the same crime after conviction or acquittal under the U.S Constitution’s Double Jeopardy Clause. Hangs are not considered to be verdicts, so retrial is allowed. This principle was affirmed in the United States v. Pere, where the Supreme Court ruled that a retrial does not violate double jeopardy protections after a hung jury. The prosecutor can pursue a retrial without a constitutional bar, even repeatedly, until a verdict is reached or the case is dismissed.

Voluntarily dropping the case after a hung jury is the best outcome in situations where the prosecutor feels further pursuit is unlikely to succeed. This can happen through:

  • Negotiating a plea agreement where the case is dropped or reduced
  • Prosecutorial motion to dismiss

A dismissal ends the charges without retrial or conviction.

Hung Jury And Partial Verdicts On Some Counts

Sometimes, criminal cases involve several charges. The situation will become more complicated if a jury makes a ruling on some counts but is deadlocked on others. A jury can reach a unanimous verdict in some instances but disagree on others. The court can make a ruling on cases where unanimity was reached and declare a mistrial only in cases where the jury was deadlocked. Those cases can be tried again. Retrial can continue on lesser counts under the legal necessity principle if the jury unanimously acquits the offender of the greater crime but is deadlocked on lesser included crimes.

Strategic Effects Of A Hung Jury

For a defendant, a hung jury will appear as a mixed outcome because:

  • It leaves unresolved legal jeopardy, with the risk of retrial
  • It is not a conviction, and a defendant is not sentenced
  • It is not a victory in the form of an acquittal

A hung jury is usually a sign to the prosecutor that the case may not be as compelling. This will enable the defense legal team to negotiate a plea agreement. Most prosecutors opt for an agreed resolution instead of retrying cases they failed to persuade one jury about.

Hung juries are often expensive to the judicial system because trials require time, court staff, witnesses, and the service of the jurors. The judicial system will incur double the cost for retrials. However, some people claim that frequently hung juries show inefficiencies in the criminal justice system.

Deadlock Detection And Jury Deliberations

If a jury realizes it is deadlocked, it should inform the judge that it is unable to reach a verdict. The judge will discuss this with the forepersons and inquire if there is a likelihood of further agreement. He/she will also ask forepersons if further deliberations will be productive.

The juries can deliberate for hours or days, but there is no designated period before a judge can declare a mistrial. The judge can provide additional instructions to facilitate an agreement. However, he/she must balance to ensure jurors do not feel coerced.

Common Causes Of Hung Jury

The following are the reasons why a hung jury occurs:

Lack Of Evidence To Remove Reasonable Doubt

A hung jury often shows the incapability of the jurors to reach an agreement on whether the evidence:

  • Leaves unanswered questions, or
  • Proves guilt beyond a reasonable doubt

A verdict cannot be reached if doubt continues for some jurors but not others.

Police Showing Inconsistent Behavior

Some jurors may distrust the entire case if the evidence suggests possible constitutional violations, questionable interrogations, or improper police procedures. This division can escalate further if other jurors overlook these issues.

Ethical or Moral Disagreements

Some jurors can doubt the moral implications of a verdict, like:

  • Belief that the law itself is unfair, and
  • Severe sentencing repercussions

The above issues can prevent jurors from reaching an agreement, even if they possess knowledge of the legal framework.

The Period And Fatigue From Long Trials

Prolonged trials can cause frustration, impatience, reduced attention during deliberations, or mental exhaustion. Tired jurors can be less willing to engage in constructive discussions or reconsider their views.

Jurors Giving Poor Instructions

Sometimes, jury instructions can be confusing, open to several interpretations, or overly technical. Jurors can inconsistently apply the law, making it difficult to reach a unanimous verdict.

One or Several ‘’Holdout’’ Jurors

One juror or a small minority can strongly disagree with the majority. They can cast doubt or refuse to compromise on the principle. A hung jury can occur if these jurors remain unpersuaded, regardless of the extended deliberation.

Deliberation Issues And Jury Dynamics

Issues during group interaction can derail consensus because of the following:

  • Poor communication or personal conflicts
  • Polite jurors withholding opinions
  • Dominant jurors overpowering others

Compromise becomes unlikely if deliberations become unproductive or hostile.

Emotional Reactions Towards The Case

Objectivity can be affected by strong emotional responses, such as:

  • Emotional testimony from the victims or families
  • Anger toward the underlying offense, and
  • Sympathy for the offender

A stalemate can occur if some jurors focus strictly on legal proof, while others prioritize emotional impact.

Misunderstanding Of Legal Standards

Jurors can have different opinions regarding elements of the charged crime, burden of proof, and ‘’beyond a reasonable doubt. Some jurors can apply different standards even with the right jury instructions. This can lead to conflicting conclusions.

Inconsistent or Weak Legal Arguments

Sometimes, the defense legal team or prosecutor can present inadequate explanations of key facts, contradictory theories, or poorly organized arguments. Jurors can find it challenging to decide which side has met its legal burden, causing uncertainty and disagreement.

Circumstantial or Ambiguous Evidence

A hung jury is often realized in cases that rely heavily on circumstantial evidence rather than direct proof. Some jurors will opt for direct proof to avoid reasonable doubt, while others will feel circumstantial evidence is enough. The jury can become divided due to a lack of clear and conclusive evidence.

Technical or Complicated Legal Issues

Cases involving complicated statutory interpretations, scientific or forensic evidence, medical malpractice, and financial offenses can overwhelm jurors. Some jurors may struggle to understand the technical details, while others can grasp them fully. This can lead to confusion and disagreement regarding how the law applies to the specific facts.

Personal Beliefs and Juror Biases

Each juror brings personal beliefs, cultural background, moral values, and experiences into the deliberation room. These can impact:

  • Opinions regarding certain types of offenders or alleged victims
  • Attitudes towards violations and disciplinary actions, and
  • Views on the credibility of the police

It will be hard for the jurors to change their positions if deeply held beliefs conflict.

Lack Of Credible Witness Testimony

The credibility of the witnesses determines jury decisions. A hung jury can arise if:

  • Key witnesses fail to testify confidently or clearly
  • Witnesses appear untruthful, inconsistent, or biased, or
  • Witnesses contradict each other

It will be hard to reach a unanimous verdict if the jurors disagree on who to believe.

Conflicting Interpretations Of Evidence

Jurors will assess the same evidence but reach varying conclusions regarding its importance or meaning. Some jurors will claim that specific evidence is strong and convincing, while others will view it as unreliable, circumstantial, or weak. For example, some jurors will claim that forensic evidence conclusively proves guilt. Others will argue that it casts doubt due to possible contamination or error.

Benefits Of A Hung Jury

A hung jury can appear to be a failure of the trial process, but it is essential to the justice system, the defendant, and even the entire society. The following are some of the advantages of a hung jury:

Potential Long-Lasting Legal Benefits

Judges can conclude that further trials will be futile or unjust if repeated juries cannot agree. Several hung juries can result in the case being dismissed. A defense attorney can file a motion to dismiss the charges based on the following:

  • Excessive prosecutorial burden
  • Interests of justice, and
  • Insufficient evidence

Enhances Public Confidence In Justice

A hung jury is an indicator that the judicial system prioritizes correct outcomes but not quick solutions. Jurors are often the voice of the community. A deadlock means that the participation of the citizen truly matters.

Protects The Presumption Of Innocence

The defendant will not be convicted and continues to enjoy the presumption of innocence after a hung jury. He/she can only be convicted after being proven guilty. There is no final ruling on guilt, and this can be vital for immigration or travel matters, professional licensing, or employment.

Promotes Prosecutorial Accountability

The prosecutor must honestly assess whether the legal theories are valid, whether the witnesses are credible, and whether the evidence is sufficient. This will help the prosecutor to make sound decisions. It discourages prosecutors from presenting cases that lack sufficient evidence, knowing that a hung jury is a possibility.

Prevents Psychological Harm To The Defendant

A deadlock prevents immediate fines, jail terms, and other penalties, giving the defendant time and hope for a better outcome. A hung jury can reaffirm that the defendant’s voice was heard if the defendant believed that he/she was innocent.

Minimizes Compromise Rulings

It prevents unfair middle-ground decisions. Jurors can settle on a compromise verdict, such as convicting on lesser charges, if there is no deadlock. They can do this simply to finish the deliberations. A deadlock often reduces this kind of unfair outcome. It maintains the integrity of the verdict. Judgments must reflect actual agreement but not pressure or exhaustion. A hung jury protects the integrity of the judicial process.

Promotes Thorough And Careful Deliberation

A hung jury discourages rushed rulings and encourages jurors to engage in meaningful discussion, question assumptions, and analyze evidence deeply. It encourages thoughtful decision-making. Since jurors come from different backgrounds and experiences, a deadlock shows the reality that reasonable people can interpret evidence differently.

Checks And Balances On Government Power

A deadlock serves as a check on the power of the state. It prevents judges from imposing a conviction on the defendants without proper evidence. It also reinforces the independence of the jury because jurors are not supposed to compromise their conscience. Additionally, a deadlock ensures that individual jurors stand firm instead of conforming to majority pressure.

A Chance To Re-Assess And Solidify The Defense

A deadlock offers valuable insight where reasonable doubt existed or where the evidence was weak or confusing. It also provides insight into which arguments convinced jurors. The defense legal team can utilize this information to challenge the charges in any retrial.

A hung jury also gives the defense legal team a chance to address weak points. They can achieve this by clarifying expert testimony, calling new witnesses, and presenting additional evidence.

Find A Criminal Defense Attorney Near Me

A hung jury is a possible outcome of a criminal trial in California. It prevents the court from reaching a conclusion and making a conviction. For a defendant to be convicted in a criminal trial, the 12 jurors must make a unanimous decision. The potential outcomes of a hung jury include a mistrial declaration, further deliberations, case dismissal, or scheduling a new trial.

To learn more about a hung jury and how it can affect your case, contact the Los Angeles Criminal Attorney. Our experienced attorneys can help you navigate all the potential outcomes of your case. Contact us today at 424-333-0943 to learn more about your defense options.