In the American legal system, a jury is a crucial component in many criminal and civil trials. The jury’s role is to listen to evidence, consider the arguments from both sides, and ultimately reach a verdict, either determining guilt or innocence in a criminal case, or settling disputes in civil cases. But what happens when a jury can’t come to an agreement? This situation is known as a “hung jury” or a “deadlocked jury.” In this article, we’ll explore what a hung jury means, why it happens, and what the consequences are for the legal process.
What Is a Hung Jury?
A hung jury occurs when the jurors, after extended deliberations, cannot reach a unanimous decision (or a required supermajority, in some civil cases). In the U.S. legal system, criminal cases usually require a unanimous verdict from the jury, meaning all jurors must agree on whether the defendant is guilty or not guilty. In civil cases, the rules are different, and some states allow a supermajority rather than unanimity.
However, in both criminal and civil cases, when the jury is unable to reach the required consensus after lengthy deliberations, it is considered deadlocked, and this is what we call a hung jury. A hung jury does not deliver a final verdict, and this can have a variety of outcomes, ranging from a mistrial to a potential retrial of the case.
Why Do Juries Get Deadlocked?
There are several reasons why a jury might become deadlocked. Trials are often complex, with each side presenting compelling arguments and evidence, making it difficult for jurors to agree. Here are some of the most common reasons for a hung jury:
- Disagreements Over the Evidence: Sometimes, the evidence presented at trial isn’t clear-cut. Jurors may interpret the same evidence differently, leading to a split on the verdict. One juror might see reasonable doubt in a criminal case, while others believe the evidence supports guilt beyond a reasonable doubt.
- Complex Legal Issues: In certain cases, the legal issues at play are very complicated. Jurors may struggle to fully understand the law as instructed by the judge, or they may have difficulty applying it to the case’s facts.
- Different Perceptions of Witness Credibility: Juries rely on witness testimony to form their opinions. However, different jurors may find some witnesses more credible than others, leading to different conclusions about the facts of the case.
- Personal Biases: Despite efforts to select impartial jurors, personal biases can sometimes influence how they view the case. Jurors might subconsciously bring their own life experiences and beliefs into the deliberations, leading to conflicting opinions.
- Multiple Defendants or Charges: Cases involving multiple defendants or numerous charges often lead to more complicated deliberations. Jurors may agree on some charges but not others, or they might find it difficult to assign individual responsibility when multiple people are involved.
How Does a Hung Jury Affect the Trial?
When a jury becomes deadlocked, the judge may take certain steps to help them reach a verdict. One common tool is the Allen charge, also known as a “dynamite charge.” This is a special instruction from the judge that encourages jurors to continue deliberating and to listen to each other’s arguments with an open mind. The judge reminds the jurors of their duty to reach a verdict if possible, without compromising their own convictions.
The goal of an Allen charge is to break the deadlock, but it can be controversial. Some argue that it pressures minority jurors to conform to the majority opinion, which may lead to an unfair verdict. For this reason, some states have restricted or banned the use of Allen charges altogether.
If the jury remains deadlocked despite further deliberations, the judge will declare a mistrial.
What Is a Mistrial?
A mistrial occurs when a trial cannot be completed for some reason, and a hung jury is one of the most common reasons for declaring one. When the judge determines that the jury is hopelessly deadlocked and cannot reach a unanimous or required majority verdict, the judge will declare a mistrial.
A mistrial does not mean the case is over. It means that the trial has ended without a final resolution. The defendant in a criminal trial remains legally innocent, and no judgment is issued in a civil case. Once a mistrial is declared, several outcomes are possible, depending on the nature of the case.
What Happens After a Mistrial?
Retrial
The most common outcome after a mistrial is a retrial. In a criminal case, the prosecution may decide to try the defendant again with a new jury. Similarly, in a civil case, either party may choose to retry the case. A retrial can take just as long and be as costly as the first trial, so the decision to pursue one is not taken lightly.
Prosecutors will weigh the strength of their case after a hung jury. If the prosecution feels that the evidence presented at the first trial was insufficient to secure a conviction, they may opt not to pursue a retrial. Alternatively, they might re-evaluate their strategy and attempt to improve their case for the next trial.
Plea Bargain or Settlement
In many criminal cases, a hung jury signals to the prosecution that they may have difficulty getting a conviction in a retrial. As a result, the prosecution might offer the defendant a plea bargain. A plea bargain is an agreement where the defendant pleads guilty to a lesser charge in exchange for a more lenient sentence or the dismissal of other charges.
In civil cases, the deadlock might push the parties to settle out of court. Settlement negotiations allow both sides to agree on a resolution without going through the expense and uncertainty of another trial.
Dismissal of Charges
In some instances, the prosecution might decide to drop the case altogether. This could happen if the deadlock strongly suggests that the prosecution’s case was weak or if further litigation seems unlikely to succeed. In this case, the defendant is effectively released, and the charges are dismissed.
Hung Juries in Criminal vs. Civil Cases
The rules and consequences for hung juries can differ significantly between criminal and civil cases. Understanding these differences helps to clarify why hung juries are treated differently depending on the type of trial.
Criminal Cases
In criminal cases, juries must reach a unanimous verdict to convict or acquit the defendant. The requirement for unanimity is designed to protect the defendant, ensuring that all jurors agree beyond a reasonable doubt that the defendant is guilty before they can be convicted.
A hung jury in a criminal case means that no verdict is reached, and the defendant remains legally innocent. The prosecution then has the option to retry the case with a new jury or drop the charges. The legal principle of double jeopardy, which protects defendants from being tried twice for the same crime after an acquittal, does not apply to hung juries. Since the jury never reached a verdict, retrying the case is allowed.
Civil Cases
Civil cases operate under different rules. Many states allow non-unanimous verdicts in civil cases, meaning that the jury only needs a supermajority (e.g., 3/4 or 5/6 of jurors) to reach a verdict. This makes it less likely that civil juries will become hung compared to criminal juries.
However, when civil juries do get deadlocked, the consequences can be similar to those in criminal cases. A mistrial is declared, and the parties may opt for a retrial or settle the dispute outside of court.
How Common Are Hung Juries?
Hung juries are relatively rare but not uncommon. According to a report by the National Institute of Justice, approximately 8-10% of criminal cases result in hung juries. Civil cases, especially in jurisdictions that allow non-unanimous verdicts, are less likely to end in deadlock.
Factors such as the complexity of the case, the number of defendants, and the seriousness of the charges all influence the likelihood of a hung jury. Cases with multiple defendants or serious charges tend to have a higher chance of a deadlock because jurors often struggle to reach a consensus on these difficult issues.
Conclusion
A hung jury can be a frustrating outcome for everyone involved in a trial—defendants, plaintiffs, prosecutors, and the court system alike. When a jury is deadlocked and unable to reach a verdict, it leads to a mistrial, potentially forcing a retrial or pushing the parties to negotiate a plea bargain or settlement.
While hung juries may feel like an impasse, they are also a reflection of the protections built into the U.S. legal system. The requirement for a unanimous jury in criminal trials ensures that no one is convicted unless all jurors agree beyond a reasonable doubt. In civil cases, the rules are a bit more flexible, but even there, the possibility of a deadlocked jury remains.
Whether in criminal or civil trials, when a jury cannot agree, the case is far from over—it may simply be entering a new phase.