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If even one member of the jury panel disagrees with the rest, the jury is hung, and the defendant retains the presumption of innocence. A ?hung jury? results in either: a mistrial (which means there may be a retrial with a new jury), a plea bargain to a reduced charge that carries a lesser sentence, or.
If the jury cannot agree on a verdict on one or more counts, the court may declare a mistrial on those counts. The government may retry any defendant on any count on which the jury could not agree.
There is no requirement that jurors must come to a unanimous verdict. If the jury cannot unanimously agree on a verdict of either Guilty or Not Guilty, this is known as a hung jury. When further deliberation clearly will be unproductive, the judge will declare a mistrial.
A defendant in a criminal action is presumed to be innocent until the contrary is proved. In case of a reasonable doubt whether the guilt of the defendant is satisfactorily shown, the defendant is entitled to be acquitted.
In most states, a death sentence may only be imposed by a jury in unanimous agreement. But in two recent cases, defendants faced the possibility of a death sentence despite the objections of jurors. Under Missouri law, a judge may impose a death sentence when the jury deadlocks in the penalty phase.
Oregon discarded the common-law unanimous guilty verdict requirement?a requirement that Oregon courts had recognized and applied in criminal trials from the time Oregon's Constitution went into effect in 1859 until the adoption of the 1934 amendment?precisely because it can prevent racial, religious, and other such ...
Ackley, the Oregon Supreme Court ruled that the Ramos ruling applies retroactively (going backwards) under state law. This means that anyone who had a non-unanimous jury conviction is entitled to a new trial. In order to get a new trial, someone needs to file postconviction relief (PCR) claim.
Under Florida's constitution, criminal convictions require a unanimous verdict. This means, in part, that jurors must be in complete agreement that the prosecution has established each element of the charged offense beyond a reasonable doubt.