Mistrial by Hung Jury

The Right to Trial by Jury

The right to trial by jury is embodied in the United States Constitution. In the criminal justice system, those who are accused of a crime are presumed to be innocent. If a defendant maintains or persists in his innocence, and the charges are not dismissed by a prosecutor or a judge, the case will naturally proceed to trial. A defendant has a right to trial before a jury to decide his guilt or innocence.

Jury Selection Process

Juries are comprised of randomly selected members of the community. Lawyers for the prosecution and the defense, the defendant on trial, and the trial judge collectively participate in the jury selection process. Their goal is to select jurors who outwardly appear to be unbiased toward the parties and issues in the case, and who are committed to being fair and impartial to both sides. Juries in criminal cases are generally comprised of 12 voting members. However, some jurisdictions have juries comprised of 6 members for trials involving misdemeanors and minor felonies.

Jury Deliberations and Verdicts

At trial, after the presentation of evidence, closing arguments by counsel, and legal instructions from the judge, jurors are sent off to deliberate in secrecy. Deliberations involve juror discussions of the evidence, determinations of witness credibility, application of the law to the facts, and ultimately casting votes regarding whether the prosecution has met its burden of proving the defendant’s guilt by proof and evidence beyond a reasonable doubt. The jury’s final decision is referred to as the verdict, and in a criminal case, it must either be guilty or not guilty as to the charges.

Jury verdicts must be unanimous. This means that in order for a defendant to either be found guilty of a crime, or acquitted (i.e. not guilty) of a crime, all jurors must agree. There is no exception to this rule, at least with regard to the civilian criminal justice system. The military criminal justice operates differently, but is not addressed by this article. If jurors cannot reach a unanimous decision, their disagreement or deadlock is communicated to the trial judge by a note from the jury foreperson. A deadlocked jury is also referred to as a hung jury.

Judicial Response to a Hung Jury

When faced with a hung jury, a trial judge has two options.

1. First, he may provide the jury with additional legal instructions on how to resume their deliberations, notwithstanding the inability to reach a unanimous verdict. These instructions vary by jurisdiction but typically impress upon the jury the importance of maintaining an open mind, listening to the views of other jurors, expressing and maintaining their own views, and working toward a unanimous verdict to the extent possible.
2. Second, the trial judge may declare a mistrial and discharge the jury.

Declaring a Mistrial

When a jury cannot initially reach a unanimous verdict, most judges respond with supplemental instructions to the jurors to resume deliberations before declaring a mistrial. If, after the passage of more time, the hung jury still cannot reach a verdict, the court will ultimately declare a mistrial. When a mistrial is declared, the jurors are discharged from any further deliberations or jury service in the case.

What Happens After a Mistrial?

Following a mistrial, there are three ways for a criminal case to proceed.

1. First, the prosecution may elect to prosecute the defendant again. This determination lies solely within the prosecution’s discretion. The defense cannot challenge this decision on the grounds of double jeopardy.
2. Second, the prosecution may elect to drop the charges or dismiss the case entirely.
3. Third and finally, the case may be resolved with a pretrial disposition or plea agreement. After a mistrial, the parties more keenly recognize the strengths and weaknesses of their respective cases, especially after 12 citizens from the community could not reach a unanimous verdict. This may motivate them to reach a resolution, to avoid the risk of proceeding to trial again.

Contact a Criminal Defense Lawyer

If you have questions about a mistrial by a hung jury, contact Criminal Defense Lawyer, John L. Calcagni III, at 401-351-5100 to schedule a free conslutation.