Hung jury
Encyclopedia
A hung jury or deadlocked jury is a jury
that cannot, by the required voting threshold, agree upon a verdict
after an extended period of deliberation
and is unable to change its votes due to severe differences of opinion.
a majority of 10-2 is needed for a verdict; failure to reach this may lead to a retrial.
Initially, the jury will be directed to try to reach a unanimous verdict. If they fail to reach a unanimous verdict, the judge may later (after not less than two hours) give directions that a majority verdict will be acceptable, but still no less than ten to two, although the jury should continue to try to reach a unanimous verdict if possible.
When the jury are called to deliver a verdict after majority directions have been given, a careful protocol of questions is followed: only in the event of a guilty verdict is it then asked whether or not all jurors were agreed on that verdict. This is to ensure that any not-guilty verdict is not tainted by it being disclosed that any jurors dissented. This protocol is followed separately for each charge.
in criminal cases
. Juries consist of 15, and verdicts are decided by simple majority. If jurors drop out because of illness or another reason, the trial can continue with a minimum of 12 jurors, but the support of 8 jurors is still needed for a guilty verdict; anything less is treated as an acquittal.
In civil cases there is a jury of 12, with a minimum of 10 needed to continue the trial, here it is however possible to have a hung jury if there is a tied vote after three hours deliberation.
, 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. The Federal Rules of Criminal Procedure
state, "The verdict must be unanimous...If there are multiple defendants, the jury may return a verdict at any time during its deliberations as to any defendant about whom it has agreed...If the jury cannot agree on all counts as to any defendant, the jury may return a verdict on those counts on which it has agreed...If the jury cannot agree on a verdict on one or more counts, the court may declare a mistrial on those counts. A hung jury does not imply either the defendant's guilt or innocence. The government may retry any defendant on any count on which the jury could not agree."
Juries in criminal cases are generally, as a rule, required to reach a unanimous verdict, while juries in civil cases typically have to reach a majority on some level. In jurisdictions giving those involved in the case 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 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 required unanimity.
If a defendant has been found guilty of a capital offense (one that, because of aggravating factors like rape during a premeditated murder, could result in the death penalty if the person is eligible - over 18 at the time of the offense and not intellectually disabled), then the opinion of the jury must be unanimous if the defendant is to be sentenced to death.
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 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.
Currently two states, Oregon
and Louisiana
, do not require unanimous verdicts in criminal cases. Each require a 10-2 majority for conviction, exception for capital crimes : Oregon requires at least 11 votes and Louisiana requires unanimous verdict.
Jury
A jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...
that cannot, by the required voting threshold, agree upon a verdict
Verdict
In law, a verdict is the formal finding of fact made by a jury on matters or questions submitted to the jury by a judge. The term, from the Latin veredictum, literally means "to say the truth" and is derived from Middle English verdit, from Anglo-Norman: a compound of ver and dit In law, a verdict...
after an extended period of deliberation
Deliberation
Deliberation is a process of thoughtfully weighing options, usually prior to voting. In legal settings a jury famously uses deliberation because it is given specific options, like guilty or not guilty, along with information and arguments to evaluate. Deliberation emphasizes the use of logic and...
and is unable to change its votes due to severe differences of opinion.
England and Wales
In England and WalesEngland and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
a majority of 10-2 is needed for a verdict; failure to reach this may lead to a retrial.
Initially, the jury will be directed to try to reach a unanimous verdict. If they fail to reach a unanimous verdict, the judge may later (after not less than two hours) give directions that a majority verdict will be acceptable, but still no less than ten to two, although the jury should continue to try to reach a unanimous verdict if possible.
When the jury are called to deliver a verdict after majority directions have been given, a careful protocol of questions is followed: only in the event of a guilty verdict is it then asked whether or not all jurors were agreed on that verdict. This is to ensure that any not-guilty verdict is not tainted by it being disclosed that any jurors dissented. This protocol is followed separately for each charge.
Scotland
It is not possible to have a hung jury in ScotlandScotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
in criminal cases
Scots criminal law
Scots Criminal Law governs the rules of criminal law in Scotland. Scottish criminal law relies far more heavily on common law than in England and Wales...
. Juries consist of 15, and verdicts are decided by simple majority. If jurors drop out because of illness or another reason, the trial can continue with a minimum of 12 jurors, but the support of 8 jurors is still needed for a guilty verdict; anything less is treated as an acquittal.
In civil cases there is a jury of 12, with a minimum of 10 needed to continue the trial, here it is however possible to have a hung jury if there is a tied vote after three hours deliberation.
United States
In the United StatesUnited States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, 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
Allen charge
Allen v. United States, 164 U.S. 492 , is a U.S. Supreme Court case that, inter alia, approved the use of a jury instruction intended to prevent a hung jury by encouraging jurors in the minority to reconsider...
, inviting the dissenting jurors to re-examine their opinions, as a last ditch effort to prevent the jury from hanging. The Federal Rules of Criminal Procedure
Federal Rules of Criminal Procedure
The Federal Rules of Criminal Procedure are the procedural rules that govern how federal criminal prosecutions are conducted in United States district courts, the general trial courts of the U.S. government. As such, they are the companion to the Federal Rules of Civil Procedure...
state, "The verdict must be unanimous...If there are multiple defendants, the jury may return a verdict at any time during its deliberations as to any defendant about whom it has agreed...If the jury cannot agree on all counts as to any defendant, the jury may return a verdict on those counts on which it has agreed...If the jury cannot agree on a verdict on one or more counts, the court may declare a mistrial on those counts. A hung jury does not imply either the defendant's guilt or innocence. The government may retry any defendant on any count on which the jury could not agree."
Juries in criminal cases are generally, as a rule, required to reach a unanimous verdict, while juries in civil cases typically have to reach a majority on some level. In jurisdictions giving those involved in the case 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 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 required unanimity.
If a defendant has been found guilty of a capital offense (one that, because of aggravating factors like rape during a premeditated murder, could result in the death penalty if the person is eligible - over 18 at the time of the offense and not intellectually disabled), then the opinion of the jury must be unanimous if the defendant is to be sentenced to death.
One proposal for dealing with the difficulties associated with hung juries has been to introduce supermajority
Supermajority
A supermajority or a qualified majority is a requirement for a proposal to gain a specified level or type of support which exceeds a simple majority . In some jurisdictions, for example, parliamentary procedure requires that any action that may alter the rights of the minority has a 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 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.
Currently two states, Oregon
Oregon
Oregon is a state in the Pacific Northwest region of the United States. It is located on the Pacific coast, with Washington to the north, California to the south, Nevada on the southeast and Idaho to the east. The Columbia and Snake rivers delineate much of Oregon's northern and eastern...
and Louisiana
Louisiana
Louisiana is a state located in the southern region of the United States of America. Its capital is Baton Rouge and largest city is New Orleans. Louisiana is the only state in the U.S. with political subdivisions termed parishes, which are local governments equivalent to counties...
, do not require unanimous verdicts in criminal cases. Each require a 10-2 majority for conviction, exception for capital crimes : Oregon requires at least 11 votes and Louisiana requires unanimous verdict.