Hung Jury


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Hung Jury

A trial jury duly selected to make a decision in a criminal case regarding a defendant's guilt or innocence, but who are unable to reach a verdict due to a complete division in opinion.

When a jury has been given an adequate opportunity to deliberate and is unable to reach a verdict, a retrial takes place at the discretion of the prosecution. The subsequent trial does not constitute a violation of the constitutional prohibition of Double Jeopardy.

hung jury

n. slang for a hopelessly deadlocked jury in a criminal case, in which neither side is able to prevail. Usually it means there is no unanimous verdict (although in Oregon and Louisiana 10 of 12 jurors can convict or acquit). If the jury is hung the trial judge will declare a mistrial. A new trial from scratch, with a new jury panel, is required. The prosecutor can decide not to re-try the case, particularly if a majority of the jury favored acquittal. (See: jury, dismissal, trial, mistrial)

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