How many times can a jury be sent back to deliberate?
Asked by: Jairo Barrows | Last update: February 18, 2026Score: 4.1/5 (36 votes)
There's no strict legal limit to how many times a jury can be sent back to deliberate, as courts can declare a mistrial and retry the case multiple times if the jury remains deadlocked (hung jury)), but practically, judges often avoid endless re-deliberations, sometimes limiting it to one or two further attempts before declaring a mistrial and allowing prosecutors to decide on retrial or dropping charges. Some states, like Massachusetts, have specific rules limiting sending them back without their consent after the second time.
Is there a limit on jury deliberation?
How Long are Jury Deliberations? There is no set time limit for jury deliberations. Once testimony has concluded and the jury has been given the charge – the judge's written instructions on the law – the ball is in the jury's court.
What's the longest time a jury deliberates?
The longest-known jury deliberation took place in Oakland, California. In 2003, a jury took a full 55 days to deliberate before acquitting three former Oakland police officers of the assault and false arrest of residents in the city's poorest neighborhoods.
How many retrials are allowed?
Apart from the Constitution, there is no limit on the number of retrials that is imposed by statute or rule. Federal Rule of Criminal Procedure 31(b)(3) provides: "Mistrial and retrial. If the jury cannot agree on a verdict on one or more counts, the court may declare a mistrial on those counts.
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.
Jury deadlocked in Ray Tensing retrial, sent back to deliberate further
Can a jury go home during deliberations?
Usually jurors go home at the end of each day and return the next morning. However, in extremely rare cases, a jury will be "sequestered" during the trial or during the jury deliberations.
What does it mean if a jury takes long to deliberate?
Jury deliberations can last for minutes, hours, days, weeks, or even months. Factors that can influence the length of deliberations include the seriousness of the charges, the number of witnesses and exhibits, and the personalities of the jurors.
What is the shortest jury deliberation ever?
On 22 July 2004, Nicholas Clive McAllister (New Zealand) was acquitted of cultivating cannabis plants at a hearing that lasted just one minute at Greymouth District Court, Greymouth, West Coast, New Zealand The jury left to consider the verdict at 3.28pm and returned at 3.29 pm.
What is the hardest case to win in court?
The hardest cases to win in court often involve high emotional stakes, like crimes against children or sexual assault, where jurors struggle with bias; complex, voluminous evidence, such as white-collar fraud; and defenses that challenge societal norms, like an insanity plea, which faces high scrutiny and conflicting expert testimony. Cases with weak physical evidence, uncooperative witnesses (like in sex crimes), or those involving unpopular defendants (e.g., child abusers) are particularly challenging for defense attorneys.
Why does my trial keep getting pushed back?
Common causes include: Backlogged court dockets (especially post-COVID) Missing lab results or evidence. Prosecutors not ready for trial.
What is the best excuse to avoid jury duty?
The best ways to get out of jury duty involve seeking official exemptions for valid reasons like age (over 70/75), medical conditions (with a doctor's note), primary childcare (under 6), or financial hardship (demonstrable income loss), or requesting a deferral online or by mail with supporting documents. During selection (voir dire), be honest about biases or situations (like family tragedy, travel) that prevent impartiality, as attorneys often excuse jurors who openly struggle with fairness, but avoid outright lying, which can backfire.
What does it mean when a jury comes back quickly?
Juries don't take serious charges lightly, but a quick unanimous decision often means the evidence was clear. However, achieving this clarity doesn't happen by chance. It requires hard work and in-depth research on evidentiary issues to ensure prejudicial evidence is kept out of the courtroom.
Do jurors deliberate all night?
Each day, the jurors will start their deliberations and continue deliberating throughout the day. At night, they will then retire and resume the next day if they have not reached a verdict. In reality, the jury has to go back and decide who is responsible for what happened to you.
Can jurors talk to each other before deliberation?
To ensure fairness, you must obey the following rules: 1. Do not talk to each other about this case, or about anyone involved with this case, until the end of the trial when you go to the jury room to decide on your verdict.
How long will a judge let a jury deliberate?
There is no limit on how long a jury can take to deliberate a case.
What's the longest a jury has deliberated?
The length of the jury deliberations took four and a half months.
What are two things jurors should never do?
Jurors should never discuss the case with anyone outside the jury (including family/friends) or conduct their own investigation, like visiting the scene or looking up info online, as the verdict must be based solely on courtroom evidence; these actions risk introducing bias and jeopardizing the trial's fairness. Another critical "never" is to decide by chance, such as by flipping coins, which makes a verdict illegal.
Has a judge ever overrule a jury verdict?
Yes, judges can and do overturn jury verdicts, though it's rare, usually when there's insufficient evidence for the verdict, the verdict is against the weight of the evidence (showing passion or prejudice), or due to significant legal errors during the trial, allowing for motions like Judgment Notwithstanding the Verdict (JNOV) or ordering a new trial, especially in criminal cases where a conviction might be overturned but not an acquittal.
What if I fall asleep during jury duty?
If you fall asleep during jury duty, the judge can have you woken up, repeated information, or even dismiss you and replace you with an alternate juror, potentially leading to a mistrial or new trial if you missed crucial evidence, though a short nap might just result in being gently roused, while repeated offenses or missing significant testimony can lead to being removed or even facing contempt of court.
What is the longest time a jury has been sequestered?
Jurors on the O.J. Simpson case were sequestered for 265 days in 1995 — the longest jury sequestration in U.S. history — at a cost of nearly $2 million, according to the Public Law Research Institute.
Who has more power, a judge or jury?
Neither the jury nor the judge is universally "more powerful"; they have distinct roles, but in most criminal trials, the jury holds the ultimate power to decide guilt or innocence (the verdict), while the judge controls the legal process, determines what evidence is admitted, and imposes the sentence. The jury acts as the finder of fact and applies the law as instructed, but the judge ensures fairness, manages evidence (ruling on objections), and interprets the law, making them powerful in shaping the trial's direction and outcome.
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.
What is the shortest jury deliberation?
The fastest jury verdict on record lasted just 𝗼𝗻𝗲 𝗺𝗶𝗻𝘂𝘁𝗲. In 𝟮𝟬𝟬𝟰, Nicholas Clive McAllister of New Zealand was acquitted of cultivating cannabis plants after a jury deliberated for only 𝟲𝟬 𝘀𝗲𝗰𝗼𝗻𝗱𝘀—barely enough time to take their seats.