what happens to the defendant with a hung jury

Legal term for a jury that cannot agree on a verdict

A hung jury, too chosen a deadlocked jury, is a judicial jury that cannot agree upon a verdict afterward extended deliberation and is unable to achieve the required unanimity or supermajority. Hung jury commonly results in the case being tried again.

This situation can occur only in common law legal systems, because civil constabulary systems either practice not employ juries at all or provide that the defendant is immediately acquitted if the majority or supermajority required for conviction is not reached during a single, solemn vote.

Australia [edit]

In Australia, until the advent of bulk juries, a unanimous verdict had to be reached in criminal trials.^[1]

Canada [edit]

In Canada, the jury must reach a unanimous decision on criminal cases. If the jury cannot attain a unanimous decision, a hung jury is declared. A new panel of jurors will exist selected for the retrial. Each jury in criminal courts contains 12 jurors. In ceremonious cases, merely half dozen people are necessary for a jury, and if there is only one dissenter (i.e. a 5-1 vote) the dissenter can be ignored with the majority opinion condign the final verdict.^[2]

New Zealand [edit]

In New Zealand, the jury must initially attempt to reach a unanimous verdict. If the jury cannot achieve a unanimous verdict later on a reasonable time given the nature and complexity of the case (but not less than four hours), so the courtroom may accept a majority verdict. In criminal cases, an all-but-i vote is needed (i.e. 11–1 with a total jury); in ceremonious cases, a iii-quarters (75%) vote is needed (i.e. 9–three with a full jury).^[3]

If the jury fails to reach either a unanimous or majority verdict later a reasonable time, the presiding judge may declare a hung jury, and a new console of jurors volition be selected for a retrial.^[four] If the retrial likewise results in a hung jury, the case must exist referred to the Solicitor-General, who will generally issue a stay of proceedings unless in that location are compelling reasons to proceed with a tertiary trial.^[v]

United Kingdom [edit]

England and Wales [edit]

In England and Wales a majority of at least 10 votes out of 12 is needed for a verdict. If less jurors remain, majorities immune are 11-0, 10-one, 10-0, 9-1 and 9-0. Failure to reach this may lead to a retrial (R v. Bertrand, 1807).

Initially, the jury will exist directed to endeavor to attain a unanimous verdict. If they fail to reach a unanimous verdict, the judge may later (subsequently not less than two hours^{[half dozen]}) requite directions that a majority verdict will be adequate, although the jury should go on to try to reach a unanimous verdict if possible.

When the jury is called to deliver a verdict after bulk directions have been given, a careful protocol of questions is followed: only in the event of a guilty verdict is information technology so asked whether or non all jurors were agreed on that verdict, to prevent any acquittal from being tainted by it being disclosed that any jurors dissented. The protocol is followed separately for each charge.^[7]

Scotland [edit]

It is not possible to have a hung jury in Scotland in criminal cases. Juries consist of 15, and verdicts are decided by simple majority (viii) of the initial membership. If jurors drop out considering of illness or another reason, the trial can proceed with a minimum of 12 jurors, just the support of eight jurors is still needed for a guilty verdict; anything less is treated as an acquittal.^[8]

In civil cases there is a jury of 12, with a minimum of 10 needed to continue the trial. It is possible to have a hung jury if in that location is a tied vote after three hours' deliberation.^[nine]

United states [edit]

Bulk verdicts are not immune in criminal cases in the United States. A hung jury results in a mistrial, and the example may be retried (United States v. Perez, 1824).

Louisiana, which was historically influenced by the French civil law organisation, and Oregon used to allow 10–2 majority verdicts only in the 2020 instance Ramos v. Louisiana, the U.S. Supreme Courtroom ruled that a jury must vote unanimously to convict in whatsoever law-breaking that requires a jury trial.

Some jurisdictions let the court to requite the jury a then-called Allen charge, inviting the dissenting jurors to re-examine their opinions, every bit a last-ditch effort to prevent the jury from hanging. The Federal Rules of Criminal Procedure state, "The verdict must be unanimous. . . . If there are multiple defendants, the jury may render a verdict at whatever fourth dimension during its deliberations every bit to whatsoever defendant nigh whom information technology has agreed. . . . If the jury cannot agree on all counts as to any defendant, the jury may render a verdict on those counts on which it has agreed. . . . If the jury cannot agree on a verdict on one or more counts, the court may declare a mistrial on those counts. A hung jury does not imply either the defendant's guilt or innocence. The authorities may retry whatsoever defendant on any count on which the jury could not concur."^[10]

In jurisdictions giving those involved in the instance a choice of jury size (such as between a six-person and 12-person jury), defense counsel in both civil and criminal cases frequently opt for the larger number of jurors. A common axiom in criminal cases is that "it takes only i to hang," referring to the fact that in some cases, a unmarried juror tin can defeat the required unanimity.

One proposal for dealing with the difficulties associated with hung juries has been to introduce supermajority verdicts to let juries to captive defendants without unanimous agreements amongst the jurors. Hence, a 12-member jury that would otherwise exist deadlocked at xi for conviction and one against, would exist recorded as a guilty verdict. The rationale for majority verdicts usually includes arguments involving so-called 'rogue jurors' who unreasonably impede the course of justice. Opponents of majority verdicts argue that it undermines public confidence in criminal justice systems and results in a higher number of individuals convicted of crimes they did non commit.

In United States military machine justice, the Uniform Code of Military Justice (10 U.Due south.C. Chapter 47) Article 52 specifies the minimum number of court martial panel members required to render a verdict of guilty. In cases that involve a mandatory death penalty, a unanimous vote of all panel members is required. In cases that involve mandatory life sentences or sentences of confinement over ten years, a three-fourths vote is required. In all other cases, only a two-thirds vote is required to convict. Additionally, the Transmission for Courts-Martial requires only a judge and a specified number of console members in all non-capital cases (v for a general court-martial or three for a special courtroom-martial; no panel is seated for a summary court-martial). In capital cases, a panel of 12 members is required.

Hung jury in uppercase sentencing [edit]

Of the 27 U.South. states with the expiry penalty, 25 require the judgement to be decided by a jury.

Nebraska is the only land in which the sentence is decided by a three-estimate panel. If the panel is non unanimous, the accused is sentenced to life imprisonment, even if only one judge opposed death.^[eleven]

Montana is the only country where the trial approximate still decides the sentence alone.^[12]

In all states in which the jury decides the sentence, only death-qualified prospective jurors tin can exist selected in such a jury, to exclude both people who will always vote for the death penalty and those who are categorically opposed to it.

However, these states differ on what happens if the penalty phase results in a hung jury:^{[thirteen] [14] [15]}

• In iv states (Arizona, California, Kentucky and Nevada), a retrial of the penalty phase will exist conducted before a unlike jury (the common-police force rule for mistrial).^[16]
• In two states (Indiana and Missouri), the judge will decide the sentence.
• In the remaining states, a hung jury results in life imprisonment, even if simply ane juror opposed death. Federal police force besides provides that issue.

The first outcome is referred as the "truthful unanimity" rule, while the third has been criticized as the "single-juror veto" rule.^[17]

References [edit]

Wikiquote has quotations related to: Hung jury

1. ^ "Majority Verdicts - How do They Work?". 20 January 2017.
2. ^ "Canada's Arrangement of Justice: The Role of the Public". Department of Justice. 2015-05-07.
3. ^ "Sections 29C and 29D -- Juries Act 1981 No 23". Parliamentary Counsel Office. 1 July 2013. Retrieved 20 September 2015.
4. ^ Section 22(3)(b) -- Juries Act 1981 No 23
5. ^ "Solicitor-General's Prosecution Guidelines" (PDF). Crown Law Office. ane July 2013. Retrieved 26 July 2018.
6. ^ "Juries Deed 1974". www.legislation.gov.united kingdom of great britain and northern ireland.
7. ^ "Role IV: Further Do Directions Applying in The Crown Court". 23 May 2010. Archived from the original on 23 May 2010.
8. ^ Criminal Process (Scotland) Act 1995 department 90
9. ^ http://world wide web.legislation.gov.uk/ukpga/Geo5/23-24/41/department/11s ^{[ dead link ]}
10. ^ Dominion 31, Federal Rules of Criminal Procedure
11. ^ "2014 Nebraska Revised Statutes – Chapter 29 – CRIMINAL PROCEDURE – 29-2521 – Sentencing conclusion proceeding". law.justia.com. Retrieved April 16, 2017.
12. ^ "46-18-301. Hearing on imposition of capital punishment". leg.mt.gov. Retrieved April 16, 2017.
13. ^ "Provisions of state and federal statutes apropos sentence if uppercase sentencing jury cannot agree" (PDF). A. Parrent, Conn. Public Def. Retrieved March fifteen, 2016.
14. ^ "Life Verdict or Hung Jury? How States Treat Non-Unanimous Jury Votes in Upper-case letter-Sentencing Proceedings". deathpenaltyinfo.org. Retrieved May 22, 2020.
15. ^ "SB 280: Sentencing for Capital Felonies". flsenate.gov. Retrieved March 15, 2017.
16. ^ See Us v. Perez, 1824
17. ^ "Hurst 5. Florida Remedial Legislation and SBP 7068" (PDF) . Retrieved May 1, 2017.

maxeywidep1999.blogspot.com

Source: https://en.wikipedia.org/wiki/Hung_jury

Share this post