Hung juries leave the accused subject to retrial for the same offense.

Evidence

Quite early in the history of the Anglo-American jury, it was established that juries would include 12 members and would reach their verdicts by unanimous vote. If, after deliberation, the jurors could not agree on a verdict, the judge would rule that the jury was “hung” and dismiss it. If the jury was hung in a criminal trial, the accused, having been neither convicted nor acquitted, could be tried again for the same offense. Often, however, the prosecution would decline to reinstitute charges after having failed to win a conviction in the first trial. — G. Alan Tarr, Judicial Process and Judicial…, 872

Categorization

• DEFINE: Clarifies what a ‘hung’ jury is and its legal consequence of double jeopardy not attaching.
• XREF: connects to: A hung jury permits retrial without violating double jeopardy — G. Alan Tarr, Judicial Process and Judicial…, 1421

Broader Connections

• A hung jury permits retrial without violating double jeopardy #expands (0.95) — G. Alan Tarr, Judicial Process and Judicial…, 1421