A hung jury occurs when a jury in a criminal trial cannot reach a unanimous decision regarding the guilt or innocence of the defendant. This deadlock means that the jury is unable to agree on a verdict, which can lead to a mistrial being declared by the judge. In such cases, a new trial may be scheduled with a different jury. However, the prosecutor has the discretion to decide whether to retry the case or not.
The term "hung jury" is primarily used in criminal law. It signifies a significant moment in a trial where the jury cannot come to a consensus. This situation can arise in various criminal cases, including felonies and misdemeanors. Legal forms and procedures related to mistrials and retrials may be managed using resources like US Legal Forms, which offers templates that can assist individuals in navigating these legal processes.
Here are a couple of examples of abatement:
(hypothetical example) In a criminal trial for theft, the jury deliberates but cannot agree on whether the defendant is guilty or not. After several hours, the judge is informed that the jury is deadlocked. The judge then declares a mistrial due to the hung jury.
| State | Requirement for Verdict |
|---|---|
| California | Unanimous verdict required for felony cases. |
| Texas | Unanimous verdict required for felony cases; non-unanimous allowed for misdemeanors. |
| Florida | Unanimous verdict required for all criminal cases. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition |
|---|---|
| Hung Jury | A jury that cannot reach a unanimous verdict. |
| Mistrial | A trial that is invalid due to an error or hung jury. |
| Verdict | The final decision made by a jury regarding a case. |
If you find yourself involved in a case that results in a hung jury, consider the following steps:
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A mistrial is declared, and the prosecutor can decide whether to retry the case.