What Happens When a Jury Is Deadlocked?
Every so often, a criminal trial captures the attention of the nation. While Americans await the verdict, there's often speculation that it could end up unsatisfying for all involved: with a hung jury. But what exactly does that mean, how would we get there, and what would come next? Let’s break it down.
What Is a Hung Jury?
A hung jury (also called a deadlocked jury) is one that can't reach a verdict after deliberating for a significant amount of time, although the precise definition varies across jurisdictions. 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.
There are not many recent relevant studies on the number of hung juries in America. But a notable one is the National Institute of Justice’s 2004 report on hung juries. It found that juries that hung on all counts occurred least frequently (8% of surveyed cases), compared to 13% of juries hung on at least one charge. In 10% of cases, juries were hung on the first charge (which is typically the most serious charge). It also found that the number of defendants tried was related to the likelihood of the jury deadlocking: only 12% of cases with only one defendant resulted in a deadlock, compared to 27% of cases with multiple defendants. This makes sense, as juries will naturally have a harder time deciding the most serious cases with a lot on the line and cases where they are asked to determine culpability among multiple defendants, a difficult task.
Civil vs. Criminal Rules
Regardless of the exact parameters, the upshot of a hung jury they can't agree on whether the defendant is guilty or not guilty (in criminal cases) or on how a dispute should be settled (in civil cases). When it comes to jury unanimity, it’s important to distinguish criminal and civil cases, because they have different standards.
Until recently, two states allowed non-unanimous juries in some criminal cases. But in 2020, the Supreme Court ruled in a case called Ramos v. Louisiana that the Sixth Amendment guarantee of a fair trial by jury requires a unanimous verdict for all serious criminal cases. Criminal juries must be unanimous to protect individual liberty and because of the higher burden of proof in criminal cases.
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; 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.
Hung Juries in Civil Trials
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 (instead requiring a supermajority), 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.
Preventing A Hung Jury: Allen Charges
Can anything be done about a hung jury? Maybe, if your jurisdiction allows what’s called an “Allen charge,” named after a 1986 SCOTUS case, Allen v. United States. This case established that it was okay for a judge in a criminal trial to nudge a deadlocked jury into reaching a verdict by giving them a specific jury instruction. It’s also sometimes called a dynamite charge.
The judge instructs jurors to keep deliberating and consider the views of others with an open mind. An Allen charge reminds jurors of their duty to reach a verdict if possible, without compromising their individual conscience.
However, some states have banned Allen charges or have stricter guidelines for their use due to concerns about juror coercion. Critics argue Allen charges can pressure jurors, particularly those in the minority, to conform to the majority view, even if they have lingering doubts.
After a Hung Jury: Mistrials
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 dynamic 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.
Related Resources
from FindLaw's Learn About the Law
- What Happens When Your Case Goes to a Jury Trial?
- What Is the Role of a Jury in a Criminal Case?
- Jury Nullification
