A hung jury is one that can’t reach a verdict after deliberating for a significant amount of time, although the definition can differ from one jurisdiction to another. In some situations, a jury is counted as “hung” if it fails to reach a verdict on any charge or on any defendant. In others, a jury is only considered hung if the jury fails to reach a verdict on all counts or on all defendants.
In criminal cases, the prosecution must prove the defendant’s guilt beyond a reasonable doubt. This is a very high standard. A unanimous jury verdict helps ensure that there’s strong agreement on the guilt, minimizing the risk of an innocent person being convicted. If even one juror has reasonable doubt, they can block a conviction. The burden is higher than in civil trials because you can lose your freedom only in a criminal trial, which is a severe consequence. The idea is that no one should be deprived of their liberty unless there’s a very strong consensus, i.e., all jurors agree on their guilt.
On the other hand, civil cases don’t always require a unanimous jury verdict as it depends on the jurisdiction. In federal court, civil juries must be unanimous for a verdict under the Federal Rules of Civil Procedure. But many states don’t require unanimity in civil cases. They may allow a verdict based on a supermajority, like 3/4ths or 5/6ths of the jury agreeing. There are arguments for and against requiring unanimity in civil cases. Some believe it encourages jurors to carefully consider all evidence and reach a consensus, while others argue it can lead to deadlocked juries and compromise verdicts. Even though civil trials often don’t require unanimity in verdicts, even these cases can still end up deadlocked.
In states that allow non-unanimous verdicts a hung jury occurs if the required majority can’t be reached. For instance, if a state requires a 6 out of 8 juror agreement and after deliberation, the jury is split 5-3 or 4-4, it’s a hung jury.
Also note that in civil cases, the jury is often asked to make more than just the decision of guilty or not guilty, like in a criminal case. Sometimes they get to decide partial fault for the parties. If the jury finds in favor of a plaintiff, it may also be tasked with deciding the amount of damages that the defendant should pay. They may also decide any counterclaims brought in the case.
A civil jury can disagree on a number of issues apart from the verdict itself, and there is plenty of opportunity for a hung jury.
When a trial ends with a hung jury, the judge will declare a mistrial because the jury couldn’t reach a unanimous verdict. In a criminal case, this means the trial ends without a conviction and the defendant remains legally innocent.
The prosecution (criminal) or plaintiff (civil) can choose to retry the case with a new jury. Unlike an innocent verdict, re-trying a case after a mistrial does not violate double jeopardy. Just like the first time around, a retrial can be a lengthy and expensive process, so they will likely weigh the strengths and weaknesses of their case before deciding.
In a criminal case, the hung jury might signal some jurors doubted the prosecution’s case. If the prosecution feels their case was weak or they’re concerned about getting a conviction on a retrial, they may dismiss the charges altogether. Alternatively, this could lead the prosecution to offer a plea bargain to the defendant.
In a civil case, this could incentivize settlement discussions, where the parties negotiate a compromise to avoid the uncertainties of a retrial. In some cases, the judge may ask the jury for anonymous feedback about the issues they deadlocked on. This can be helpful for both parties in crafting strategies for a retrial or settlement negotiations.
In both criminal and civil cases, a retrial is usually permitted in the event of a hung jury and mistrial. Though there have been questions about the constitutionality of a new trial after a hung jury, the Supreme Court has held that it is permissible.
If you or a loved one is in a bind as a result of a criminal charge (theft or otherwise), immediately contact a Seattle Criminal Attorney. A Criminal lawyer is not going to judge you and understands that everyone makes mistakes. Hiring a Seattle Criminal Lawyer to help can – at a minimum – reduce penalties and can help direct people on how to best deal with their criminal charge, and many times even get them dismissed. So, it should go without saying that someone cited for a misdemeanor or felony should hire a qualified Seattle Criminal Lawyer as soon as possible. Criminal charges can cause havoc on a person’s personal and professional life. Anyone charged with a crime in Washington State should immediately seek the assistance of a seasoned Seattle Criminal Lawyer. SQ Attorneys can be reached at (425) 359-3791 and/or (206) 441-0900.
