What is a hung jury and how does it affect your legal case? A hung jury is a legal jury that is unable to come to a unanimous or necessary verdict and is unable to attain the required supermajority or majority vote to get a guilty verdict. This situation usually results from a not guilty verdict by the jurors. In legal terms, a “hung jury” means that there are jurors who are deadlocked or cannot come to a unanimous decision on the verdict.
The four members of a jury must be unanimous – in their decision to convict or acquit a defendant. This means that if a majority of the jurors are voting guilty, then the defendant will go free. If a majority of the jurors are voting for some other form of verdict, then either the jury must reconvene before the judge or they must enter a guilty plea in a new case. If a hung jury occurs during the first trial, then the first trial will continue as scheduled and the new trial will have to be brought in order to have the same result.
There are two types of hung juries: first degree and second degree. First degree hung jury refers to a jury in which all members are guilty. This type of jury normally decides the issue of guilt and all other issues will be agreed upon by the jury. Second degree hung jury refers to a jury where one or more members are guilty but refuse to be bound by the majority’s decision. They can therefore still present their argument, but their vote will not count. In many states, a second degree jury cannot be re-assembled unless the trial is restarted due to a mistrial or an acquittal.
In a trial with a first degree hung jury – the trial will end in a mistrial if a single jurors vote to convict the defendant. The jury must be unanimous in their decision to convict for it to be considered in court. Only in extremely rare cases will a second degree jury present a guilty verdict and be able to re-convene. This is because the punishment for being a part of a criminal gang is so severe that a jury would prefer to find a not guilty verdict rather than face the life sentences and fines a conviction carries.
In an acquittal trial – what is a hung jury refers to a jury when there are jurors who do not think that the defendant committed the crime. It is rare for an acquittal to lead to a retrial. This means that a jury must agree that there is not enough evidence to bring a case to trial. In a retrial, all the jurors must again consider the evidence against the defendant and determine if he is guilty or not guilty.
The hung jury refers to a case – when a jury has no verdict and there are no trials to decide the issue. When this situation occurs, the judge will give the jury a list of reasons why they are unable to come to a unanimous decision. This can include things such as improper questionnaires, not enough testimony, or lack of evidence. The judge will then make a decision on the verdict.
A hang jury is not really something that will come about because of a lack of proof, but there are many instances where a hung jury is just a matter of timing.