Legal Education
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What Does a Hung Jury Mean?

A hung jury is a jury that is unable to reach a unanimous verdict in a criminal trial. This can occur when the jurors are so divided on whether to find the accused guilty or innocent that they cannot reach a consensus on one verdict.

A hung jury is similar to a mistrial – the people being tried are not found guilty or innocent and a new trial must be scheduled. During a new trial, a new group of jurors will hear the same facts and evidence as the first trial.

Legal Implications of a Hung Jury

When a jury can’t reach a unanimous decision, the court must decide on an alternate outcome. This can involve the prosecution deciding to retry the accused on the same charge, dismissing the charge, or reducing the charge to a lesser offense.

In some cases, if there is not enough evidence to retry or if the court believes that it would be inefficient to retry the accused, the judge may throw out the case completely. This is referred to as an acquittal, or “not guilty” verdict.

Examples of Hung Juries

A high-profile example of a hung jury is the 2018 trial of Bill Cosby, who had been accused of drugging and sexually assaulting a woman in Philadelphia. The jury in that case failed to reach a unanimous verdict and the judge declared a mistrial.

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In 2019, there was a hung jury in the trial of ex-police officer Jeronimo Yanez, who had been charged in the shooting death of a motorist in Minnesota. After three days of deliberations, the jury was unable to reach a unanimous decision and a mistrial was declared.

Related Legal Concepts

Understanding hung juries requires familiarity with the broader jury system, including how jury selection creates the jury panel that will deliberate on a case. The concept connects closely to jury trials generally, where jury instructions guide deliberations, and the fundamental right to a jury of one’s peers in criminal proceedings. When a hung jury occurs, it highlights the critical importance of unanimous decision-making in our justice system.

The Bottom Line

A hung jury represents a fundamental aspect of the American justice system where unanimous agreement is required for criminal convictions. While it may seem like an inconclusive outcome, it actually serves as an important safeguard ensuring that guilt must be proven beyond a reasonable doubt to all jurors. For guidance specific to your situation, always consult a qualified, licensed attorney.

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