What is the meaning of a hung jury?
A hung jury is also called a deadlock jury. If a jury cannot agree on a decision after voting and deliberating, it is called a hung jury. In most cases, a hung jury may lead to a mistrial. The prosecution may have the right to retry the case. A hung jury does not mean that the defendant is guilty or innocent. The only reason why a judge may grant is mistrial is if the jury cannot come to a decision about the case. Who would win a civil case if a jury is divided between the plaintiff and the defendant?
Neither of the parties may win if the jury is split between the defendant and the plaintiff. A mistrial will be called by the jury in such cases. The jury will be referred to as a hung jury if it is split between the defendant and the plaintiff. A hung jury can be found in both criminal as well as civil cases. The jury may vote whether to convict a person or not in a criminal case. Will a case be considered to be over if a mistrial is granted or will the person be automatically retired?
A mistrial may be granted if there is some defect in the procedure of the trial that can affect the verdict. In such a situation, the case will be retried. In most cases, mistrials are granted because of a hung jury. If the jury is divided between the two parties of a case, then it is called a hung jury. It may not be possible for either party to get a strong verdict in such a situation. In such a scenario, the judge may grant a mistrial and the case will be tried again with a new jury. A person who was falsely charged with sexual battery was taken to trial. However, on account of a hung jury, the case against the person was dismissed. Can this person be retired again for the same charge?
Whether a person may be charged again will depend on whether he/she was dismissed with prejudice or without prejudice. If the case was dismissed with prejudice, the person may not be retried. However, he/she may be retried for the same charge if the case was dismissed without prejudice. If the prosecution does not pursue the case after it was dismissed on account of a hung jury, then the chances of him/her reopening the case would be very less. In most cases, the prosecution may not reopen the case if they do not pursue it after it was dismissed. Is it possible for a prosecutor to charge a person with the same assault in case of a hung jury? Will this be considered a violation of the double jeopardy clause?
The prosecution may not be able to charge a person with the same assault for a second time if the jury found the person to be not guilty of the charges. If the prosecution filed the case in such a situation, it may be considered a violation of the double jeopardy clause. However, if there was a hung jury, then the person may be retried. Hence, if the prosecutor wants to try the person again on the same charges, he/she may have the right to do so. It may not be easy to understand the circumstances which can lead to a hung jury for the common man. One may ask a lawyer if one has any doubts or needs any clarifications about a hung jury.
Related Articles -
hung jury, what is a hung jury, hung jury definition, define hung jury, hung jury retrial, hung jury mistrial,
|
