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Can the judge enter a decision of guilty or innocent if the jury is 'hung' or just call a mistrial?
Wiki User
∙ 13y ago
When a jury, in a criminal case, is found to be "hopelessly deadlocked" and unable to come to a unanimous decision - the jurors are dismissed and the judge will declare a mistrial. A hung jury does not reflect on the defendants guilt or innocence and it is up to the state to decide if there will be a retrial.
Opting for a decision by a judge; the defendant gives up a right to a jury trial. The judge will find the defendant not guilty or guilty - move to acquit or move onto the penalty phase. The defendant may still choose to appeal after a bench trial.
In civil cases, the jurors need only the majority vote to find the defendant liable vs a criminal trial where a unanimous decision is required. When there are multiple charges, the jury can return a verdict on the counts which they have agreed and again it is up to the state to decide to retry the defendant on the counts in which the jury could not agree or to drop / dismiss the charges.
ADDED: In criminal trials there is no such thing as a finding of "innocent." There are only "guilty' or 'not guilty.'
Wiki User
∙ 13y ago
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