Hung jury: Difference between revisions
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A '''hung jury''' is a [[jury]] that cannot agree upon a [[verdict]] after an extended period of [[deliberation]] and is deadlocked with irreconcilable differences of opinion.<ref>West's Business Law, Alternate Edition (Hardcover)</ref> |
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In the [[United States]], the result is a [[mistrial]], and the case may be retried. Some jurisdictions permit the court to give the jury a so-called [[Allen charge]], inviting the dissenting jurors to re-examine their opinions, as a last ditch effort to prevent the jury from hanging. |
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Juries in criminal cases are generally required to reach a unanimous verdict, while juries in civil cases typically have to reach some set level of majority consensus short of unanimity. In jurisdictions giving the litigants a choice of jury size (such as between a six-person and twelve-person jury), defense counsel in both civil and criminal cases frequently opt for the larger number of jurors. A hung jury is generally regarded as the next best thing to an [[acquittal]], so the larger size of the jury increases the chances of dissension. A common axiom in criminal cases is that "it takes only one to hang," referring to the fact that, in some cases, a single juror can defeat the necessary unanimity. |
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One proposal for dealing with the difficulties associated with hung juries has been to introduce [[supermajority]] verdicts. This measure would allow juries to convict defendants without unanimous agreements amongst the jurors. Hence, a 12-member jury that would otherwise be deadlocked at 11 for conviction and 1 against, would be recorded as a guilty verdict for the defendant. The rationale for majority verdicts usually includes arguments involving so-called 'rogue jurors' who unreasonably impede the course of justice. Opponents of the introduction of majority verdicts argue that it undermines public confidence in criminal justice systems and results in a higher number of individuals convicted of crimes they did not commit. |
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In [[England]] and [[Wales]] a majority of 10-2 is needed for a verdict, failure to reach this may lead to a retrial. |
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In [[Scotland]] in criminal cases juries consist of 15, and 8 jurors are needed to arrive at a guilty verdict, even if the size of the jury drops below 15 e.g. because of illness. It is not possible to have a hung jury since if this number is not reached it is treated as an acquittal. |
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==References== |
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{{Reflist}} |
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{{jury}} |
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[[Category:All articles lacking sources]]<!-- end unreferenced --> |
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[[Category:legal terms]] |
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