What happens if a jury fails to reach a verdict?

If the jury fails to reach either a unanimous or majority verdict after a reasonable time, the presiding judge may declare a hung jury, and a new panel of jurors will be selected for a retrial.
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What happens if 1 juror says not guilty?

The verdict. If the jury unanimously finds the defendant “not guilty” on all charges, the case is dismissed, and the defendant goes free. If even one member of the jury panel disagrees with the rest, the jury is hung.
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What happens if a verdict Cannot be reached?

If the jurors cannot agree on a verdict, a hung jury results, leading to a mistrial. The case is not decided, and it may be tried again at a later date before a new jury. Or the plaintiff or government may decide not to pursue the case further and there will be no subsequent trial.
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What is it called when a jury Cannot reach a verdict in a case?

When there are insufficient jurors voting one way or the other to deliver either a guilty or not guilty verdict, the jury is known as a “hung jury” or it might be said that jurors are “deadlocked”. The judge may direct them to deliberate further, usually no more than once or twice.
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What happens if jury isn't unanimous?

There is no requirement that jurors must come to a unanimous verdict. If the jury cannot unanimously agree on a verdict of either Guilty or Not Guilty, this is known as a hung jury. When further deliberation clearly will be unproductive, the judge will declare a mistrial.
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Judge declares mistrial after jury fails to reach unanimous verdict in Billy Chemirmir trial



Can the judge overrule the jury?

No. Once a verdict has been rendered, either guilty or not guilty, the judge cannot overrule the jury. However, under California law, a defendant can make a motion for judgment of acquittal before the evidence is submitted to the jury.
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What is the longest jury deliberation?

One of the longest jury deliberations in history took place in 2003 and lasted for 55 days. Jurors in Oakland, California faced the task of determining the fate of three police officers accused of assaulting and falsely arresting residents.
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Does a mistrial mean the person goes free?

A mistrial is not an acquittal

If the court declares a mistrial, it does not mean the defendant is innocent or will no longer be charged with a crime. It means that based on the facts and circumstances, it is no longer just for the trial to proceed to a verdict of either not guilty or guilty.
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How common are hung juries?

Juries that hung on all counts occurred least frequently (8 percent of cases studied). Juries hung on the first count of the indict- ment (generally the most serious charge) in 10 percent of cases and on at least one count charged in 13 percent of cases.
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How long does it take for a hung jury?

If they fail to reach a unanimous verdict, the judge may later (after not less than two hours) give directions that a majority verdict will be acceptable, although the jury should continue to try to reach a unanimous verdict if possible.
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Do all jurors have to agree on a verdict?

At all times, the Judge presiding over the trial will be seeking a unanimous verdict from the jury. This is a verdict upon which all of the jurors are agreed, whether that is guilty or not guilty. In the early stages of jury deliberation a Judge is prevented by law from accepting a majority verdict.
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Does a hung jury mean acquittal?

For a conviction or an acquittal, all the jurors have to agree that the defendant was guilty or not guilty. A hung jury means one or more jurors did not agree on the verdict.
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What does it mean when a jury takes a long time to deliberate?

Some believe short deliberations mean jurors have found the defendant guilty, while longer deliberations mean they are leaning towards acquittal.
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Do jury members get paid?

Federal jurors are paid $50 a day. While the majority of jury trials last less than a week, jurors can receive up to $60 a day after serving 10 days on a trial. (Employees of the federal government are paid their regular salary in lieu of this fee.)
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What if the jury is wrong?

What Can You Do If You Have Been Falsely Convicted By a Jury? If you have been wrongfully convicted by a jury, your lawyer has various legal tools available to begin testing and challenging the verdict before briefs are filed in the court of appeals.
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What is it called when a judge overrule a jury?

In American courts, JNOV is the practice whereby the presiding judge in a civil jury trial may overrule the decision of a jury and reverse or amend their verdict. In literal terms, the judge enters a judgment notwithstanding the jury verdict.
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What is the difference between a hung jury and a mistrial?

A mistrial is a trial that has essentially been deemed invalid due to an error that occurred in the proceedings or because the jury was unable to reach a consensus regarding the verdict. If the jury was unable to get enough votes for a verdict, this is referred to as a “hung jury.”
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How often do juries acquit?

A new Northwestern University study shows that juries in criminal cases are reaching incorrect verdicts. The study, which looked at 271 cases in four areas of Illinois, found that as many as one in eight juries is making the wrong decision – by convicting an innocent person or acquitting a guilty one.
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What happens if a mistrial is declared?

A mistrial is a trial that is not completed. Instead, it is halted and declared invalid, usually before a verdict is delivered. Mistrials may occur for a variety of reasons.
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Who benefits from a mistrial?

Because a mistrial requires a new trial, both sides have the advantage of trying the case from the beginning and learning from earlier mistakes. However, prosecutors get the main advantage of this because the prosecution's case must be very strong to succeed at trial.
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Is a mistrial A Good Thing?

A mistrial may be a good thing or a bad thing, depending on how you decide to look at things. Mistrials can occur in several ways, including prosecutorial misconduct and anything that might unfairly prejudice a jury, like walking the defendant into the courtroom in handcuffs.
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What is the most common cause of a mistrial?

The most common cause of a mistrial is a simple one—the jury simply fails to reach a verdict. Virtually all criminal cases require a unanimous vote in either direction. If the jurors can't all agree, then the result is what's called a “hung jury” and the consequence is a mistrial.
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What is the shortest deliberation?

Answer: Unbelievably, one minute! According to Guinness World Records, on 22 July 2004 Nicholas McAllister was acquitted in New Zealand's Greymouth District Court of growing cannabis plants. The jury left to consider the verdict at 3.28pm and returned at 3.29 pm.
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Do juries deliberate overnight?

In most trials that last more than a single day, jurors are instead sent home for the night with instructions to isolate themselves from inappropriate influence until they return and the trial resumes.
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What does it mean when a jury comes back quickly?

At bottom, it means that the jury did the job it was sworn to do, and it didn't require lengthy deliberation.
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