Deadlocked Jury — Discharge (comment only) is a situation where a jury is unable to reach a unanimous verdict in a criminal trial. When the jury has been deadlocked for an extended period of time, the judge may discharge the jury and comment on the evidence presented without the jury reaching a verdict. This could occur if the jury is unable to agree on a verdict after several hours of deliberations, or if the jury is unable to reach a unanimous verdict after several days of deliberations. There are two types of Deadlocked Jury — Discharge (comment only): voluntary and involuntary. In a voluntary discharge, the judge will comment on the evidence presented without the jury reaching a verdict. In an involuntary discharge, the judge will comment on the evidence presented because the jury has been unable to reach a unanimous verdict.
Deadlocked Jury - Discharge (comment only)
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FAQ
If there is a hung jury, the judge may order the jurors to deliberate further. This is known as an Allen charge and is generally only given once or twice. Often, juries will report that they are deadlocked after only deliberating for a short period of time.
A hung jury, also called a deadlocked jury, is a judicial jury that cannot agree upon a verdict after extended deliberation and is unable to reach the required unanimity or supermajority. Hung juries usually result in the case being tried again.
Can You Be Prosecuted Again After a Mistrial? A second trial may be permitted where a mistrial is the result of manifest necessity,6 as when, for example, the jury cannot reach a verdict7 or circumstances plainly prevent the continuation of the trial.
If the jury still cannot reach a verdict after further deliberation, the judge can declare a mistrial due to the hung jury. A mistrial means that the defendant is neither convicted or acquitted.
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 court will grant a mistrial. This is generally considered a ?win? by defense lawyers, because it is extremely difficult to win a complete acquittal. However, if you think a mistrial is the end of the case, you'd be wrong. After a mistrial, the government can decide to take the case to trial a second time.
If a jury is unable to reach a unanimous verdict and results in a hung jury, the case may be retried with a new jury. If the second jury is also unable to reach a verdict, the judge may declare a mistrial.
Criminal proceedings that end in a mistrial can result in an acquittal of the defendant. An acquittal results in a complete dismissal of the case, and the defendant can move on with their life. However, prosecutors can choose to pursue a new trial against the defendant or provide an option for a plea bargain.