March 4, 2025 | Criminal Defense
A hung jury is a jury that cannot reach a unanimous verdict. To convict or acquit someone of a crime, a jury needs to reach a unanimous verdict. Unanimous means that every single juror agrees. If even one juror does not agree, then the jury is a hung jury.
How Do Jurors Reach a Verdict?
Jurors reach a verdict through the deliberation process. Deliberation is a secret discussion between the jurors. During deliberation, the jurors talk about the testimony that they heard during court, review any evidence that was admitted during trial, and discuss their opinions on the case.
Many deliberations begin with a poll to see which jurors would vote for guilty, which for not guilty, and which are undecided. Then, the jurors discuss their reasoning and may try to convince one another of their position.
What Happens if There Is a Hung Jury?
If a juror is truly unable to reach a verdict, the judge will declare a mistrial. When a mistrial happens, the prosecutors can either have a new trial with a new jury or they can dismiss the charges. If the case is serious, the prosecutors will usually have a new trial. If the charges are minor, they may see a hung jury as a sign of weakness in their case.
If there is a new trial, it may not happen immediately. The court will need to schedule the trial per the trial calendar. It could be weeks or even months out, especially for complicated cases that will take a long time.
What Is an Allen Charge?
If a jury tells the judge that they cannot reach a verdict, usually the judge will send them back to deliberate to try again. When doing so, the judge will give something called an Allen charge.
An Allen charge is an order from the judge for the jurors to continue deliberations. Usually, the judge encourages the minority jurors to reconsider their viewpoints and for all jurors to take another look at the evidence. The judge will tell the jury that there is no deadline to reach a verdict and that they can deliberate as long as they need.
If the jury comes back after the Allen charge and is still hung, usually the judge will declare a mistrial at that point. An Allen charge is controversial, so judges tend to only use it when extremely necessary. Many people argue that it unfairly encourages jurors to give in to peer pressure. On the other hand, advocates say that jurors have a job to unanimously agree and that an Allen charge reminds them of their duties.
Can You Be Tried Again if There Is a Hung Jury?
Yes, you can be tried again if there is a hung jury. It is not prohibited under the double jeopardy rule. That’s because the jury never reached a final verdict. This is considered a procedural error. Therefore, trying the defendant again for the same crime isn’t ignoring a jury verdict and isn’t a violation of their rights.
What Does a Hung Jury Say About the Strength of the Case?
Usually, a hung jury is a good sign for the defense. That’s because it is not a conviction. At least one person was convinced that the prosecution didn’t meet their burden of proof.
However, a hung jury can mean that one person voted for not guilty while eleven voted for guilty, or vice versa. One of these situations is better for the defendant than the other. After most jury verdicts, including hung juries, the jury is polled. This will give the defendant and the prosecutors the breakdown of how the jury was split.
Contact the Louisville DUI Attorneys at Suhre & Associates DUI and Criminal Defense Lawyers For Help Today
A DUI in Kentucky carries substantial financial and non-financial costs that extend far beyond fines and court fees. From mandated treatment programs and legal fees to employment challenges and strained relationships, a DUI can significantly impact various aspects of your life.
Understanding the full scope of these consequences highlights the importance of taking the charges seriously and seeking skilled legal counsel. By navigating the legal process carefully, you can work toward minimizing the impact of a DUI conviction and focus on rebuilding your life.
For more information, contact the DUI attorneys at Suhre & Associates DUI and Criminal Defense Lawyers give us a call today at (502) 371-7000 or visit us at our Louisville Law Office.
Suhre & Associates DUI and Criminal Defense Lawyers – Louisville
214 Clay Street, Suite A
Louisville, KY 40202
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