top of page

Understanding Hung Jury: What Happens Next?

Updated: Jan 30

Discover the meaning of a hung jury and what happens next in criminal and civil trials. Get legal insights now! Learn the consequences of a hung jury: retrials, mistrials, plea bargains, and more. Understand your legal rights. Explore jury misconduct and its impact on fair trials. Find out how judges handle misconduct in the courtroom.
Understanding Hung Jury: What Happens Next?

At Cali Law Firm, APC, we understand the complexities of legal proceedings, and we're here to provide you with comprehensive insights into the concept of a hung jury. In this article, we will delve deep into what a hung jury means, the subsequent actions that may unfold, and how it all aligns with the legal landscape. Our aim is to shed light on this crucial aspect of the judicial process, ensuring you have a clear understanding of what happens next when a jury cannot reach a unanimous verdict.

1. A Closer Look at a Hung Jury

A "hung jury" is a term frequently used in both criminal and civil trials. It refers to a situation in which the jurors are divided in their opinions to the extent that they cannot arrive at a unanimous decision regarding whether to issue a guilty verdict or an acquittal. The pivotal point to note here is that most states mandate that all jurors must unanimously agree on the defendant's guilt or innocence. In essence, a unanimous decision is the benchmark, and any deviation from this leads to a hung jury scenario.

2. The Aftermath of a Hung Jury

When a case results in a hung jury, various outcomes may transpire, depending on the circumstances and the discretion of the court. Here are the potential actions that may occur:

3. Extended Deliberation

In some instances, the judge may opt to extend the jury's deliberation period. This entails allowing jurors more time to reconsider the evidence and arguments presented before making a final decision.

4. Scheduling a Hearing

To facilitate a better understanding of the case, the judge might schedule a hearing where jurors can pose questions to the involved parties. This can provide additional insights and potentially aid in reaching a consensus.

5. Prosecution's Decision

The prosecution holds the prerogative to decide how to proceed after a hung jury. They may choose to retry the case, seeking a different outcome. Alternatively, they may opt to dismiss the case altogether or engage in a plea bargain negotiation with the defendant.

6. Declaration of Mistrial

In certain scenarios, the judge may declare a mistrial. This essentially means that the trial is nullified, and the case returns to square one. The judge may then decide whether to dismiss the charges or order a retrial.

It's important to note that if a mistrial is declared due to a deadlocked jury, the prosecution is not obligated to retry the case. The decision often hinges on the circumstances surrounding the deadlock and the likelihood of a different outcome in a retrial.

7. Double Jeopardy and Retrial

One question that often arises in the context of a mistrial is whether it constitutes double jeopardy. The Double Jeopardy Clause, enshrined in the Fifth Amendment of the United States Constitution, safeguards individuals from being prosecuted again for the same offense after acquittal. However, in cases of a hung jury, the double jeopardy defense typically does not apply.

Retrial may be permissible if there is a "legal necessity" that necessitates the discharge of the jury. Such legal necessities can arise from various factors, including a juror's illness, absence, the jury's deadlock, or the incapacity or absence of the defendant, defense counsel, or the judge.

8. Understanding Jury Misconduct

Another critical aspect to consider in the context of jury deliberations is **jury misconduct**. This refers to any conduct by jurors that contravenes the judge's instructions on how they should fulfill their duties. Such misconduct can encompass various actions, such as:

- Speaking to individuals not part of the jury about the case.

- Engaging in discussions about the case outside of official deliberations.

- Refusing to deliberate.

- Conducting unauthorized investigations into the case's facts.

- Concealing personal beliefs or experiences that could influence impartial deliberations.

When a judge determines that one or more jurors have engaged in misconduct that interferes with the defendant's right to a fair trial, several options are available:

- Admonishing the jury about the misconduct.

- Discharging the tainted juror and potentially replacing them with an alternate juror.

- Discharging the entire jury panel.

- Declaring a mistrial, which may result in either the dismissal of charges or a retrial of the case.

9. Judicial Authority and Jury Independence

In the realm of legal proceedings, it's important to understand that while judges provide guidance and instructions to jurors, they cannot compel or require jurors to reach a specific verdict. The principle of "jury independence" is fundamental to ensuring a fair and impartial trial. Therefore, judges can encourage jurors to engage in thorough deliberations and consider all evidence but cannot force them to agree or reach a unanimous verdict. Ultimately, the responsibility lies with the jurors to review the evidence, deliberate, and arrive at a verdict based on their individual assessments of the case.

In conclusion, a hung jury can introduce various complexities into the legal process, necessitating careful consideration of the subsequent steps to be taken. Understanding the nuances of a hung jury, its implications, and the legal avenues available is essential. At Cali Law Firm, APC, we are committed to providing you with valuable insights into legal matters to empower you with knowledge and understanding in the face of legal challenges. If you require further assistance or have specific questions about this topic, please do not hesitate to reach out to us.


This article is intended for informational purposes only and does not constitute legal advice. Consult with a qualified attorney for legal guidance tailored to your specific situation.

16 views0 comments


bottom of page