What happens if a jury cannot agree on a guilty finding?

Answer 1

In the case of a jury than cannot reach a verdict, they notify the judge - the judge will probably re-instruct them in the law and order them back to deliberation. If they still cannot reach a verdict and are hopelessly deadlocked, the judge may declare a MISTRIAL and dismiss the jury. The case will be given a new court date and be re-tried.

Answer 2

When this happens, it is known as a "hung jury." If the prosecution is so inclined they will have to do it all over again. The decision is weighed against how much the trial cost, the time invested, whether the witnesses and evidence are still available.

Answer 3

If during a trial the Jury cannot agree on a guilty finding then the decision is made to call it a hung Jury, this means that a new panel of Jurors are selected and a new trial must commence to decide on a decision.

Answer 4

If the jury is unable to reach a verdict and wants to give up, the judge may order them to continue, or he may declare a "mistrial". In that case, the government has the option to re-try the court case with a new jury.

However, this isn't all that common; a mistrial often means that neither the prosecution nor the defense has properly made its case and convinced 12 jurors either way.

Answer 5

It depends on the court and the jurisdiction in which the trial is being held. Some jurisdictions give the judge the power to ignore that one juror (only in a case where there is one dissenting juror), but that ability is set by state or local law.

In a majority of cases, a mistrial will be declared, and the prosecutor will have the choice to refile charges and hold a new trial.

Answer 6

They hold another trial OR the judge decides!

Answer 7

The judge declares a hung jury and rules the trial a mistrial.