A hung jury is a potential outcome of a criminal trial in California that prevents the court from coming to a conclusion and resulting in a conviction. In a criminal case, the prosecutor needs a unanimous decision from 12 jurors, or they cannot sentence the defendant.
At the same time, a hung jury does not necessarily mean the trial will not continue. There are a few things that could happen after, such as further deliberation by the same jury or a new jury is selected.
A Los Angeles criminal defense lawyer can help if you are facing a hung jury. It’s best to have consulted one long before a trial, though. You can get legal representation as soon as you face charges.
A Hung Jury Results in the Absence of a Unanimous Decision From Each Jury Member
In criminal trials in California, a conviction or acquittal requires a unanimous decision from all 12 jurors; all twelve jurors must come to the same conclusion. If the jury cannot reach a unanimous verdict after extensively deliberating, this is known as a hung jury.
Unanimous 12 Person Jury Required
For criminal charges, both misdemeanors and felonies, California requires a unanimous 12 person jury to render a verdict of “guilty” or “not guilty.” If even just one of the 12 jurors disagrees with the other 11 after careful consideration of the evidence, this results in a hung jury.
The jury receives instructions that their verdict, whether to convict or acquit the defendant of the charges, must be unanimous. As long as there is dissent from any juror, no verdict can be entered.
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Potential Outcomes of a Hung Jury
When a hung jury occurs, there are a few potential outcomes.
Mistrial Declared
Most commonly, the judge will declare a mistrial due to the jury’s inability to reach a unanimous decision. This means the trial has no valid result and the case essentially restarts from the beginning with a new jury.
Further Deliberations
In some cases, the judge may instruct the deadlocked jury to continue deliberations for a period to see if further discussions can lead to a unanimous agreement. However, this is rare if the jury seems hopelessly deadlocked.
Case Dismissal
Alternatively, the prosecution may opt to dismiss the charges rather than retry the case, essentially ending it. This outcome might occur if the evidence is thin or the prosecutors want to avoid the time and expense of a new trial.
New Trial Scheduled
If the prosecutors still wish to pursue the case, a new trial with a new jury selection process will be scheduled for a later date. The prosecution gets another attempt to convince a new set of 12 jurors.
While hung juries create additional time and expense for the court system, the requirement of a unanimous 12 person jury helps ensure fair trials and prevent unjust convictions when any reasonable doubt exists among jurors. Having a Los Angeles criminal defense lawyer is helpful when hung juries arise.
Juror Requirements for Making a Decision
In criminal cases, the burden of proving a defendant’s guilt lies squarely on the prosecution. They must establish guilt “beyond a reasonable doubt” as explained in CALCRIM 220. This high evidentiary bar requires the evidence, when considered as a whole, to be of such convincing force that it would lead to moral certainty of the defendant’s guilt, leaving no reasonable doubt.
Reasonable doubt is based on reason and common sense. It does not mean all possible doubt, but rather a fair, honest uncertainty arising from examining the evidence impartially. If after carefully evaluating the facts, jurors harbor reasonable doubts about guilt, they must acquit the defendant.
This rigorous standard safeguards the presumption of innocence and prevents unjust convictions without sufficient proof. A trial attorney can help demonstrate their evidence to establish reasonable doubt that a crime was committed.
How a Criminal Defense Attorney Can Help With a Hung Jury
When a hung jury occurs in a criminal case in Los Angeles, having a defense attorney can help navigate this situation. They can assist in the following ways:
- Advising on next steps: An attorney will carefully analyze the specifics of the hung jury and advise you on the potential next steps by the prosecution. This may include the likelihood of the case being retried, dismissed, or negotiating a plea bargain.
- Retrial preparation: If the prosecutors decide to retry the case, your lawyer will get to work immediately on preparing an even stronger defense strategy for the new trial. They may work to address shortcomings identified in the first trial and adjust tactics for the retrial accordingly.
- Plea negotiation: In some hung jury situations, prosecutors may be more open to negotiating a plea bargain rather than retrying the case. Negotiations could potentially lead to reduced charges or sentencing.
- Dismissal arguments: When the evidence is marginal, your lawyer may effectively argue to the prosecution that the hung jury shows reasonable doubts exist, increasing chances of an acquittal. This may persuade them to dismiss the case altogether.
- Jury selection: If a new trial is pursued, proper jury selection becomes critical. A lawyer will meticulously question potential jurors to identify any biases and seat an impartial jury, as required by Cal. Code Civ. Proc. § 223.
Every phase after a hung jury is pivotal. A Los Angeles trial lawyer can explain everything that is happening and work toward a favorable outcome.
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Call Us to Learn More About Hung Juries and How Our Trial Lawyers Can Help
If you’re wondering what a hung jury is, you may be preparing for a criminal trial. The sooner you consult a criminal defense attorney, the better. You will want to start building your defense immediately. A trial lawyer can help you navigate the many possible outcomes of a case.
Simmrin Law Group provides personalized legal care. Contact us now to learn more about your defense options in a free, confidential consultation.
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