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Q - Do all the jury members have to agree on the verdict? A - In a criminal trial the jury verdict must be unanimous, that is all 12 jurors must agree.It is up to the Crown to decide whether to apply for a new trial. A jury that cannot agree on a verdict is called a 'hung' jury.
Grand juries are made up of approximately 16-23 members. Their proceedings can only be attended by specific persons. For example, witnesses who are compelled to testify before the grand jury are not allowed to have an attorney present. At least twelve jurors must concur in order to issue an indictment.
When this happens and it only takes one juror it's called a hung jury. If the jury is hung on any of the counts, it's considered a mistrial on that count. That means the case can be re-tried on any of the charges on which the jury was hung.
There are several ways that a defendant may benefit from a hung jury. First, the government may choose not to have a second trial and may dismiss the case instead. This is only likely to happen if the jury that deadlocked had more votes for not-guilty than guilty.
If the jury cannot agree on a verdict on one or more counts, the court may declare a mistrial on those counts. A hung jury does not imply either the defendant's guilt or innocence. The government may retry any defendant on any count on which the jury could not agree."
There is no limit on the number of times that the prosecution may retry a case in the event of a hung jury. It is up to the prosecution. On one hand, a hung jury might force the prosecution to make a more reasonable plea offer.
If the jury cannot agree on all counts as to any defendant, the jury may return a verdict on those counts on which it has agreed. . . . If the jury cannot agree on a verdict on one or more counts, the court may declare a mistrial on those counts. A hung jury does not imply either the defendant's guilt or innocence.
In 12 percent of single-defendant cases, the jury hung on at least one count, but that figure increased to 27 percent when multiple defendants were tried. As predicted by the researchers, the number of counts affected the likelihood of a hung jury.
When there are insufficient jurors voting one way or the other to deliver either a guilty or not guilty verdict, the jury is known as a hung jury or it might be said that jurors are deadlocked.In the event of a mistrial, the defendant is not convicted, but neither is the defendant acquitted.