The legal term for such a situation is a "deadlocked jury," or one for which "the court finds there is no reasonable probability of agreement." [3], 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. If jurors drop out because of illness or another reason, the trial can continue with a minimum of 12 jurors, but the support of eight jurors is still needed for a guilty verdict; anything less is treated as an acquittal. A new panel of jurors will be selected for the retrial. hung jury (plural hung juries). In criminal cases, an all-but-one vote is needed (i.e. Post the Definition of hung jury to Facebook, Share the Definition of hung jury on Twitter. "The trial of an Auckland businessman accused of arranging the arson of his own food business has ended in a hung jury." The rationale for majority verdicts usually includes arguments involving so-called 'rogue jurors' who unreasonably impede the course of justice. Chapter 47) Article 52 specifies the minimum number of court martial panel members required to return a verdict of guilty. a jury that is unable to reach a decision George's first trial ended in a hung jury. hung-jury | definition: a jury that is unable to agree on a verdict (the result is a mistrial) | synonyms: jury. Criminal cases, which address acts viewed as harmful to society, are brought by the government. Additionally, the Manual for Courts-Martial requires only a judge and a specified number of panel members (five for a general court-martial or three for a special court-martial; no panel is seated for a summary court-martial) in all non-capital cases. Civil cases address private disputes involving individuals or organizations. noun hung jury a jury that cannot agree on a verdict. Could there be a hung jury? 'All Intensive Purposes' or 'All Intents and Purposes'? [18], Legal term for a jury that cannot agree on a verdict, Hung jury in sentencing phase of death penalty trials, Section 22(3)(b) -- Juries Act 1981 No 23, https://lylawyers.com.au/majority-verdicts-how-do-they-work-1/, "Canada's System of Justice: The Role of the Public", "Sections 29C and 29D -- Juries Act 1981 No 23", "Solicitor-General's Prosecution Guidelines", "Part IV: Further Practice Directions Applying in The Crown Court", http://www.legislation.gov.uk/ukpga/Geo5/23-24/41/section/11s, "SB 16 To amend Sections 13A-5-45, 13A-5-46, and 13A-5-47, Code of Alabama 1975, relating to capital cases and to the determination of the sentence by courts; to prohibit a court from overriding a jury verdict", "2014 Nebraska Revised Statutes – Chapter 29 – CRIMINAL PROCEDURE – 29-2521 – Sentencing determination proceeding", "46-18-301. Please tell us where you read or heard it (including the quote, if possible). The related rules section is for members only and includes a compilation of all the rules of law in Quimbee's database relating to this key term. Choose the best definition or synonym for the word in bold: "There are some. [12], Montana is the only state where the trial judge decides the sentence alone.[13]. If the jury cannot reach a unanimous decision, a hung jury is declared. The only state which does not require a unanimous jury decision is Alabama, where at least 10 jurors must concur. : a jury whose members cannot agree about what the verdict should be The trial ended with a hung jury and the judge declared a mistrial. In all other cases, only a two-thirds vote is required to convict. 2021. Final Exam A jury unable to come to a final decision, resulting in a mistrial. “Hung jury.” Merriam-Webster.com Dictionary, Merriam-Webster, https://www.merriam-webster.com/dictionary/hung%20jury. A common axiom in criminal cases is that "it takes only one to hang," referring to the fact that in some cases, a single juror can defeat the required unanimity. Louisiana, which was historically influenced by the French civil law system, and Oregon used to allow 10–2 majority verdicts but in the 2020 case Ramos v. Louisiana, the U.S. Supreme Court ruled that a jury must vote unanimously to convict in any criminal offense that requires a jury trial. Alert. According to the NBC-affiliated station, it's quite possible that the jury will be unable to come to a unanimous verdict, resulting in what is commonly known as a "hung jury." If they fail to reach a unanimous verdict, the judge may later (after not less than two hours[6]) give directions that a majority verdict will be acceptable, but still no less than 10 to two, although the jury should continue to try to reach a unanimous verdict if possible. In cases that involve mandatory life sentences or sentences of confinement over ten years, a three-fourths vote is required. For civil cases, a hung jury means Test your visual vocabulary with our 10-question challenge! The result is a mistrial, and legal proceedings must be reinitiated to bring the case to trial again. In civil cases, only six people are necessary for a jury, and if there is only one dissenter (i.e. All Free. A jury in a legal trial which is unable to reach a verdict because jurors are unable to agree. Learn a new word every day. Definition of hung jury. Legal definition for HUNG JURY: When a jury is deadlocked and unable to arrive at a unanimous verdict or other required level of unanimity for a verdict. A hung jury or deadlocked jury is a jury that cannot, by the required voting threshold, agree upon a verdict after an extended period of deliberation and is unable to change its votes. A jury that is unable to arrive at a verdict; deadlocked jury. [7], It is not possible to have a hung jury in Scotland in criminal cases. A jury that is deadlocked or unable to reach a verdict. Definition of 'hung jury' hung jury in American English a jury that is unable to arrive at a verdict; deadlocked jury Webster’s New World College Dictionary, 4th Edition. Hung jury may also be referred to as a non unanimous verdict. Noun. A hung jury or deadlocked jury occurs when the jury cannot agree on a verdict in a criminal case after deliberating and voting. However this is not the case in civil cases. A hung jury, also called a deadlocked jury, is a judicial jury that cannot agree upon a verdict after extended deliberation and is unable to reach the required unanimity or supermajority. In capital cases, a panel of 12 members is required. If the jury cannot reach a unanimous verdict after a reasonable time given the nature and complexity of the case (but not less than four hours), then the court may accept a majority verdict. A hung jury, also called a deadlocked jury, is a judicial jury that cannot agree upon a verdict after extended deliberation and is unable to reach the required unanimity or supermajority. In United States military justice, the Uniform Code of Military Justice (10 U.S.C. [4] If the retrial also results in a hung jury, the case must be referred to the Solicitor-General, who will generally issue a stay of proceedings unless there are compelling reasons to proceed with a third trial.[5]. hung jury meaning: 1. a situation in which a jury (= a group of people chosen to make a decision about a legal case…. Trying the case a second time … . In two states (Indiana and Missouri), the judge will decide the sentence. a 5-1 vote) the dissenter can be ignored with the majority opinion becoming the final verdict. If the jury cannot agree on a verdict on one or more counts, the court may declare a mistrial on those counts. hung jury. Hung Jury: A jury whose members cannot agree upon a verdict. hung jury. Noun: hung jury húng'jûree A jury that is unable to agree on a verdict (the result is a mistrial) Derived forms: hung juries Type of: jury Encyclopedia: Hung jury [Law] A jury that is unable to reach a verdict which, if it persists, usually results in a mistrial being declared by the court. Majority verdicts are not allowed in criminal cases in the United States, and so a hung jury results in a mistrial. [8], In civil cases there is a jury of 12, with a minimum of 10 needed to continue the trial. The government may retry any defendant on any count on which the jury could not agree."[10]. Hung definition is - past tense and past participle of hang How to use hung in a sentence. The Federal Rules of Criminal Procedure state, "The verdict must be unanimous. How to pronounce hung jury? The Legal Dictionary has taken steps to ensure that all legal, law, and court terms contained in our legal dictionary are correct. The prosecution re-filed charges less than an after a mistrial was declared due to a hung jury . n. slang for a hopelessly deadlocked jury in a criminal case, in which neither side is able to prevail. Delivered to your inbox! It is possible to have a hung jury if there is a tied vote after three hours' deliberation.[9]. Definition of a hung jury Relevant rules of jury procedure What happens following a hung jury How judges consider declaring a mistrial; Practice Exams. In all states in which the jury is involved, only death-qualified prospective jurors can be selected in such a jury, to exclude both people who will always vote for the death sentence and those who are categorically opposed to it. A jury that is unable to reach a verdict of guilty or not guilty. . . [11], Nebraska is the only state in which the sentence is decided by a three-judge panel. I only have had one hung jury in my long trial career, and it was in a “theft of cable services” case, of all things. A hung jury or deadlocked jury is a jury that cannot, by the required voting threshold, agree upon a verdict after extended deliberation and is unable to change its votes. If one of the judges on the panel opposes death, the defendant is sentenced to life imprisonment. 'Nip it in the butt' or 'Nip it in the bud'? Juries consist of 15, and verdicts are decided by simple majority (eight) of the initial membership. In such a situation the case may be retried, generally at the discretion of the prosecution if criminal. hung jury - Translation to Spanish, pronunciation, and forum discussions Initially, the jury will be directed to try to reach a unanimous verdict. Definition of hung jury. One proposal for dealing with the difficulties associated with hung juries has been to introduce supermajority verdicts to allow juries to convict defendants without unanimous agreements amongst the jurors. There are usually two things that can happen when there is a hung jury: the judge can ask the jury to reconsider and hope that more time might lead some jurors to change their minds, or the judge can declare a mistrial. . If the jury cannot agree on all counts as to any defendant, the jury may return a verdict on those counts on which it has agreed. Some jurisdictions permit the court to give the jury a so-called Allen charge, inviting the dissenting jurors to re-examine their opinions, as a last-ditch effort to prevent the jury from hanging. . Hung Jury Law and Legal Definition A hung jury is a slang term for a hopelessly deadlocked jury in a criminal case, in which a decision on guilt or innocence cannot be made. [1], In Canada, the jury must reach a unanimous decision on criminal cases. Usually it means there is no unanimous verdict (although in Oregon and Louisiana 10 of 12 jurors can convict or acquit). In England and Wales a majority of 10–2 (10–1 if only 11 jurors remain) is needed for a verdict; failure to reach this may lead to a retrial. Learn more. Hearing on imposition of death penalty", "Provisions of state and federal statutes concerning sentence if capital sentencing jury cannot agree", "Life Verdict or Hung Jury? a case is dismissed as a mistrial if a hung jury situation occurs with the option of the case being brought for re-trial at a later date. Hung jury usually results in the case being tried again. If there are multiple defendants, the jury may return a verdict at any time during its deliberations as to any defendant about whom it has agreed. Subscribe to America's largest dictionary and get thousands more definitions and advanced search—ad free! In the 18 other states, a hung jury results in, This page was last edited on 19 April 2021, at 23:28. ; Further reading. If you feel that the definition of any of our law or legal related terms is not correct please contact us. 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”. When the jury is called to deliver a verdict after majority directions have been given, a careful protocol of questions is followed: only in the event of a guilty verdict is it then asked whether or not all jurors were agreed on that verdict, to prevent any acquittal from being tainted by it being disclosed that any jurors dissented. synonym.com. [2], In New Zealand, the jury must initially try to reach a unanimous verdict. Related Rules . However, the states differ on what happens if the penalty phase results in a hung jury:[14][15][16], The first outcome is referred as the "true unanimity" rule, while the third has been criticized as the "single-juror veto" rule. A “hung jury” is when a jury deadlocks after lengthy deliberations and can’t come to an unanimous decision on the defendant’s guilt or innocence. A jury that is unable to reach a verdict which, if it persists, usually results in a mistrial being declared by the court. The protocol is followed separately for each charge. A jury that is unable to reach a verdict because its members are unable to reach unanimous agreement (as in criminal cases) or the extent of agreement required by law (as in civil cases). 11–1 with a full jury); in civil cases, a three-quarters (75%) vote is needed (i.e. Hence, a 12-member jury that would otherwise be deadlocked at 11 for conviction and one against, would be recorded as a guilty verdict. In such a situation the case may be retried, generally at the discretion of the prosecution if criminal. Densing Date: February 13, 2021 When a hung jury occurs during a trial, a case may be tried again with a new jury.. A retrial happens if the jury deadlocks. Generally, if there is a hung jury a mistrial is declared and the prosecution can retry the case, attempt to negotiate a plea bargain or drop the case. In jurisdictions giving those involved in the case 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. Hung Jury Hung Jury; Hung Jury Definition. The prosecution re-filed charges less than an after a mistrial was declared due to a hung jury. . In Australia, until the advent of majority juries, a unanimous verdict had to be reached in criminal trials. hung jury - a jury that is unable to agree on a verdict (the result is a mistrial) jury - a body of citizens sworn to give a true verdict according to the evidence presented in a court of law law , jurisprudence - the collection of rules imposed by authority; "civilization presupposes respect for the law"; "the great problem for jurisprudence to allow freedom while enforcing order" The jury was 11-1 in favor of acquittal, but unfortunately, the jury had one obstinate curmudgeon, who refused to vote for acquittal, despite the fact that a not guilty verdict was the only logical conclusion to draw from the evidence, in my biased opinion. 1; noun hung jury panel of jurors: cannot agree on verdict 1; noun hung jury a jury that is unable to reach a decision 0; noun hung jury a jury that is unable to arrive at a verdict; deadlocked jury 0 Accessed 14 May. hung jury (plural hung juries) ( law ) A jury in a legal trial that is unable to reach or come to a verdict because the jurors cannot agree on a decision. a jury that is unable to reach a majority verdict (=a decision made at the end of a trial supported by a minimum specified number of jurors). Judges do their best to avoid hung juries, typically sending juries back into deliberations with an assurance (sometimes known as a "dynamite charge") that they will be able to reach a decision if they try harder. What made you want to look up hung jury? Are you building something up or tearing it down? Each jury in criminal courts contain 12 jurors. Our legal system distinguishes between civil and criminal cases. . antonym.com Word of the Day: resplendent. 9–3 with a full jury). hung jury meaning, definition, what is hung jury: a jury that cannot agree whether someone...: Learn more. . How States Treat Non-Unanimous Jury Votes in Capital-Sentencing Proceedings", "SB 280: Sentencing for Capital Felonies", "Hurst v. Florida Remedial Legislation and SBP 7068", https://en.wikipedia.org/w/index.php?title=Hung_jury&oldid=1018802691, Articles with dead external links from June 2016, Creative Commons Attribution-ShareAlike License, In four states (Arizona, California, Kentucky and Nevada), a retrial of the penalty phase will be conducted before a different jury (the common-law rule for. A hung jury does not imply either the defendant's guilt or innocence. Synonym.com is the web's best resource for English synonyms, antonyms, and definitions. Of the 27 U.S. states with the death penalty, 25 require the sentence to be decided by a jury, and 24 of them require a unanimous sentence. Hung-jury meaning. hung jury: 1 n a jury that is unable to agree on a verdict (the result is a mistrial) Type of: jury a body of citizens sworn to give a true verdict according to the evidence presented in a court of law In cases that involve a mandatory death sentence, a unanimous vote of all panel members is required. The judge may direct them to deliberate further, usually no more than once or twice. In such a situation a retrial does not constitute double jeopardy. If the jury is hung the trial judge will declare a mistrial. This situation can occur only in common law legal systems, because civil law systems either do not use 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. hung jury - WordReference English dictionary, questions, discussion and forums. 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 not commit. Hung jury usually results in the case being tried again. . J.M. A mistrial can also occur when there has been a fundamental injury to the rights of a defendant to have a fair trial. 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