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Hung jury AI simulator
(@Hung jury_simulator)
Hub AI
Hung jury AI simulator
(@Hung jury_simulator)
Hung jury
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. A hung jury may result in the case being tried again.
This situation can occur only in common law legal systems. 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 singular, solemn vote.
Majority (or supermajority verdicts) are in force in South Australia, Tasmania, Western Australia, the Northern Territory, Victoria, New South Wales, and Queensland. Australian Capital Territory and Commonwealth courts require unanimous verdicts in criminal (but not civil) trials.
In Canada, the jury must reach a unanimous decision on criminal cases. If the jury cannot reach a unanimous decision, a hung jury is declared. A new panel of jurors will be selected for the retrial. Each jury in criminal courts contains 12 jurors. In civil cases, only six 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 becoming the final verdict.
In New Zealand, the jury must try to reach a unanimous verdict. 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. In criminal cases, an all-but-one vote is needed (i.e. 11–1 with a full jury); in civil cases, a three-quarters (75%) vote is needed (i.e. 9–3 with a full jury).
If the jury fails to reach either a unanimous or majority verdict after a reasonable time, the presiding judge may declare a hung jury. Ordinarily there will be a new trial. 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.
Majority verdicts have been allowed in England and Wales since the Criminal Justice Act 1967. Before this all criminal convictions required a unanimous verdict. At least 10 votes out of 12 is needed for a valid majority verdict. If fewer jurors remain, majorities allowed are 11–0, 10–1, 10–0, 9–1 and 9–0. Failure to reach this may lead to a retrial (R v. Bertrand, 1807).
Initially, the jury will be directed to try to reach a unanimous verdict. If they fail to reach a unanimous verdict, the judge may later give directions that a majority verdict will be acceptable, although the jury should continue to try to reach a unanimous verdict if possible. The judge may not give these directions before at least two hours of deliberation, however in practice it is often given after much longer than two hours.
Hung jury
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. A hung jury may result in the case being tried again.
This situation can occur only in common law legal systems. 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 singular, solemn vote.
Majority (or supermajority verdicts) are in force in South Australia, Tasmania, Western Australia, the Northern Territory, Victoria, New South Wales, and Queensland. Australian Capital Territory and Commonwealth courts require unanimous verdicts in criminal (but not civil) trials.
In Canada, the jury must reach a unanimous decision on criminal cases. If the jury cannot reach a unanimous decision, a hung jury is declared. A new panel of jurors will be selected for the retrial. Each jury in criminal courts contains 12 jurors. In civil cases, only six 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 becoming the final verdict.
In New Zealand, the jury must try to reach a unanimous verdict. 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. In criminal cases, an all-but-one vote is needed (i.e. 11–1 with a full jury); in civil cases, a three-quarters (75%) vote is needed (i.e. 9–3 with a full jury).
If the jury fails to reach either a unanimous or majority verdict after a reasonable time, the presiding judge may declare a hung jury. Ordinarily there will be a new trial. 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.
Majority verdicts have been allowed in England and Wales since the Criminal Justice Act 1967. Before this all criminal convictions required a unanimous verdict. At least 10 votes out of 12 is needed for a valid majority verdict. If fewer jurors remain, majorities allowed are 11–0, 10–1, 10–0, 9–1 and 9–0. Failure to reach this may lead to a retrial (R v. Bertrand, 1807).
Initially, the jury will be directed to try to reach a unanimous verdict. If they fail to reach a unanimous verdict, the judge may later give directions that a majority verdict will be acceptable, although the jury should continue to try to reach a unanimous verdict if possible. The judge may not give these directions before at least two hours of deliberation, however in practice it is often given after much longer than two hours.