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Questions Regarding 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. This article answers some of the commonly asked questions on the subject.

What is the meaning of a hung jury? <br>

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. <br><br>

Who would win a civil case if a jury is divided between the plaintiff and the defendant? <br>

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. <br><br>

Will a case be considered to be over if a mistrial is granted or will the person be automatically retired? <br>

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. <br><br>

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? <br>

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. <br><br>

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? <br>

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 <a href=”http://www.justanswer.com/topics-double-jeopardy/”>double jeopardy</a> 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. <br><br>

It may not be easy to understand the circumstances which can lead to a hung jury for the common man. One may <a href=”http://www.justanswer.com/law/”>ask a lawyer</a> if one has any doubts or needs any clarifications about a hung jury. <br><br>

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