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criminal

Hung Jury

A jury that is unable to reach a unanimous verdict, resulting in a mistrial. The case may be retried.

Encyclopedia entry: Hung Jury

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hung jury

A hung jury is a jury  that  is unable to reach a verdict by the required voting margin. A hung jury will often lead to a retrial of the case.  In some cases, the judge may instruct the jury to continue their deliberation, but this is not a common practice.

A hung jury can also have an impact on the parties involved in the trial. For the defendant , a hung jury may mean that they have not been found guilty , but it also means that the case could be retried, leading to additional stress and cost. For the prosecution , a hung jury means that they have failed to secure a conviction , which can be a blow to their case and reputation.

When a hung jury occurs, it is up to the prosecution to decide if they want to retry the case or drop the charges. It's important to note that double jeopardy , the principle that prohibits trying a person twice for the same crime, does not apply in cases where a mistrial is declared due to a hung jury.

[Last reviewed in January of 2023 by the Wex Definitions Team
]

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Encyclopedia content from Cornell LII Wex (CC-BY-NC-SA 2.5).

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.