How many times can a jury be deadlocked?
Asked by: Rosamond Keebler | Last update: May 30, 2026Score: 4.9/5 (54 votes)
There's no legal limit to how many times a jury can be hung; a prosecutor can retry a case as long as double jeopardy doesn't apply (which it doesn't after a hung jury mistrial), though repeated hung juries often lead prosecutors to drop charges or seek plea deals due to cost and difficulty, with some jurisdictions seeing it go three or more times.
What happens if a jury is hung three times?
In other words, just because there is a hung jury doesn't mean the case goes away. I've seen a case tried three times before there was finally a verdict on the case. So, the prosecutors can choose whether they want to re-try it, but then the judge can still dismiss the case.
Can you be tried a second time after a hung jury?
If a mistrial is declared after that point, the Double Jeopardy Clause may prevent the defendant from being retried for the same offense, unless certain exceptions apply. For example, if a mistrial is declared because of a hung jury, or at the request of the defendant, a retrial is generally allowed.
What happens if a jury stays deadlocked?
When a jury can't agree on a verdict (a hung jury), the judge declares a mistrial, ending the trial without a conviction or acquittal, and the prosecutor must decide whether to retry the case with a new jury, offer a plea bargain, or drop the charges entirely. A retrial is permissible because double jeopardy rules don't prevent it after a hung jury mistrial, but it can be costly and stressful for all parties, and the prosecution might dismiss the case if weaknesses are apparent.
Can a person be retried if there is a hung jury?
Therefore, when there is a hung jury, courts have defined a retrial as permissible on the basis that it does not trigger a second state of jeopardy—it merely continues the original state of jeopardy.
Can A Jury Deadlock On A Criminal Trial Verdict? - Criminal Defense Law Uncovered
Can a judge overrule a hung jury?
In any trial the judge is the ultimate decision maker and has the power to overturn a jury verdict if there is insufficient evidence to support that verdict or if the decision granted inadequate compensatory damages.
Can Karen Read be tried a third time?
Yes, in Massachusetts, prosecutors can legally try Karen Read a third (or even more) time if her second trial ends in a hung jury, as there's theoretically no legal limit to retrials after a deadlocked jury, although significant costs and public interest might eventually influence the decision to stop. A judge ruled she could be retried because no verdict was ever reached, preventing double jeopardy concerns from applying to the murder charges, though Read's defense has appealed those rulings.
What is the difference between a deadlock and a mistrial?
A deadlocked jury, often referred to as a hung jury, is when jurors can't come to a unanimous agreement on a verdict. The judge has the discretion to dismiss the jury. This is called a mistrial.
What if one juror disagrees?
If one juror disagrees in a criminal case requiring unanimity, it leads to a hung jury (or deadlocked jury), resulting in a mistrial, meaning no verdict is reached, and the prosecution must decide whether to retry the case with a new jury, offer a plea deal, or drop charges. In civil cases, rules vary, but often a non-unanimous verdict is allowed, so one dissenter might not stop a decision, though a full deadlock still causes a mistrial.
Who benefits most from a hung jury?
And a loss for the government is almost always a win for the defendant. How big a win depends on the defendant's individual circumstances. There are several ways that a defendant may benefit from a hung jury. First, the government may choose not to have a second trial and may dismiss the case instead.
What is the longest hung jury?
Longest Jury Deliberation
In 1992, a civil jury in California deliberated for four and a half months before returning a $22.5 million verdict in favor of a woman and her son who sued the City of Long Beach for preventing them from opening a chain of residential homes for Alzheimer's patients.
How many times can a mistrial be declared?
Theoretically as many times as they want. The new trial happens in front of a completely different jury though. They start over from the beginning with selecting a new jury. Realistically, it's very rare to go more than 1-2 times.
What percent of juries are hung?
Studies indicate that hung juries occur in about 5.5% of cases, and the landmark Supreme Court decision in Apodaca v. Oregon (1972) allowed for majority verdicts, which has been linked to a reduction in hung juries.
What are the 4 criteria for deadlock?
For a deadlock to occur, four conditions, known as the Coffman conditions, must be met simultaneously: mutual exclusion, hold and wait, no preemption, and circular wait.
Can a judge overturn a hung jury?
A hung jury is a jury that is unable to reach a verdict by the required voting margin. A hung jury will often lead to a retrial of the case. In some cases, the judge may instruct the jury to continue their deliberation, but this is not a common practice.
Is a long jury deliberation good or bad?
In the end, a long deliberation really just means the jurors are taking their time to go through the evidence and discuss their positions. This can end in either a guilty or not guilty verdict. A long jury deliberation could mean the jurors are at an impasse or a deadlock.
How often is the jury wrong?
The identification error is similarly one-sided, always. From the observed agreement rates, the probability of a correct verdict by the jury is estimated at 87% for the NCSC cases and 89% for the Kalven-Zeisel cases. Those accuracy rates correspond to error rates of 1 in 8 and 1 in 9, respectively.
Can a jury refuse to convict?
Jury nullification occurs when jurors refuse to convict a defendant despite believing the State has proven guilt beyond a reasonable doubt. Jurors may do this because they believe the law is unjust, too harsh, or that a conviction would produce an unfair result.
What is the hardest criminal case to beat?
The "hardest" criminal case is subjective, but generally involves first-degree murder, crimes against vulnerable people (like children), or complex white-collar/sex crimes due to severe penalties, emotional jury bias, intense forensic evidence, and the difficulty of proving premeditation or intent, with some lawyers citing cases involving uncooperative witnesses or unique defense arguments as exceptionally tough.
What if Karen Read's jury is hung again?
So everyone's asking - if the Karen Read trial ends in a hung jury, how many times can Massachusetts prosecutors keep trying her? Here's the thing - in Massachusetts, there's technically NO LIMIT on retrials after a hung jury.
Did Karen Read do a 3 point turn?
The lawyers went up for another sidebar conversation. Brennan resumed questioning Welcher about a three-point turn Read made before she arrived at 34 Fairview Road with O'Keefe. She made the three-point turn at 12:12 a.m. on Jan. 29, 2022, according to Welcher's PowerPoint slide and prior testimony.