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A jury's claim of being deadlocked, or 'hung,' is virtually never accepted on first occurrence. The judge will re-instruct the jurors on the point(s) of law they should be considering and send them back for more deliberation.

Added: In the event that the Jury is not able to reach a verdict and the judge is convinced that no further deliberation will be successful, the court will eventually be forced to declare a mistrial.

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Q: If a jury tells the judge they can not make a decision what happens next?
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What happens to most criminal and civil cases?

Criminal cases are resolved when a prosecution is brought before a court and considered by the judge and/or jury.


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The judge's function in a trial by jury, is to rule on matters of law and evidence and ensure the trial is conducted properly in accordance with applicable law. But, it is the jury's verdict which IS the final decision. Depending upon the type of trial the judge MAY have some leeway in in sentencing or levying a punishment or fine.


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