Hung Jury
A jury that cannot reach the unanimous or required verdict after genuine deliberation, resulting in a mistrial on the undecided counts or claims.
A hung jury is one that has deliberated in good faith but genuinely cannot reach the verdict the law requires, whether unanimity in most criminal cases or the applicable threshold in civil cases. When a jury reports it is deadlocked, the judge often gives a supplemental instruction encouraging continued deliberation before declaring a mistrial, since declaring deadlock too early wastes the substantial resources already invested in the trial.
A hung jury results in a mistrial as to the undecided claims or counts, which typically means the case can be retried before a new jury rather than resolved on the merits. A hung jury is distinct from an ordinary verdict for either side — it resolves nothing, leaving the parties to decide whether to retry, settle, or otherwise dispose of the case.
Because a hung jury reflects genuine, close-call uncertainty rather than a clean win or loss, it is a useful reminder of why Juricratic frames trial outcomes as a distribution rather than a single predicted result — a case that is a coin flip on the merits should show meaningful probability mass on exactly this kind of inconclusive outcome, not just on a win or a loss.
How it actually shows up
Litigators weigh the real possibility of a hung jury when advising clients on trial risk, since a deadlock often means the substantial cost of trial without a resolved outcome, and factor that possibility into settlement negotiations both before and after a mistrial is declared. A hung jury on some but not all counts also requires deciding whether to retry only the unresolved portions of the case.
- What happens when a jury is hung?
- The judge typically declares a mistrial as to the undecided claims or counts, after which the case can usually be retried before a new jury.
- Does a hung jury mean the defendant wins or loses?
- Neither. A hung jury resolves nothing on the merits; it simply means the jury could not reach the required verdict, leaving the case open for retrial or other resolution.
- Can a case be retried after a hung jury?
- Generally yes, since a mistrial from a deadlocked jury does not constitute a final verdict on the merits, though the parties may also choose to settle or otherwise resolve the case instead of retrying.
This page is an educational explainer, not legal advice, and creates no attorney–client relationship. Juricratic is a simulation engine: every probability-like figure is a dial you set, not a calibrated prediction. Verify every rule, deadline, and figure against the authorities and orders that govern your matter.
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