mat200
IPCT Contributor
- Jan 17, 2017
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Does the jury have to be unanimous either way to not have a hung jury?
What happens if there is a hung jury?
When there are insufficient jurors voting one way or the other to deliver either a guilty or not guilty verdict, the jury is known as a “hung jury” or it might be said that jurors are “deadlocked”.
The judge may direct them to deliberate further, usually no more than once or twice. This direction is most commonly known as an Allen charge.
If a verdict still cannot be delivered, at some point the judge will declare a mistrial due to the hung jury.
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What happens if there is a hung jury?
A hung jury results in a mistrial in which the defendant is neither convicted nor acquitted. Prosecutors are usually allowed to retry the case if they so choose.