Is there a difference in a 'hung jury' and a 'deadlocked jury? If one juror deadlocks a jury, does that mean that she/he is discharged, altogether from that trial?

If she/he is discharged, do the judge pick one more juror for a replacement, or pick all new ones?

Please, this is very important for me to know.
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05-19-03, 03:26 PM
crescen7
I believe the only difference is one of tense. The term "deadlocked" is generally used while the jury is still in deliberation, while a "hung" jury is one that has already ended its deliberation without coming to an agreement.

(there may be a more technical answer - this is from experience as a juror and a litigant - not as a lawyer)

If a jury is hung by a single juror or 6 jurors, same result. Trial is over and the state can choose to re-try or not. Either way, all the jurors are finished with that trial.

05-19-03, 03:55 PM
methos
Compare the definitions of the two.
Deadlocked means making no progress between two sides.
Hung means being unable to make progress between two sides.

A jury is deadlocked if they aren't making progress at the moment, but only hung when it is decided that they aren't capable of making progress.

05-19-03, 05:40 PM
honilov
Thanks for your replies. So it seems like a criminal has a chance of going free, with a hung jury. In case of a hung jury, couldn't the judge make a decision on the case, if it's obvious to him/her that the defendant is guilty?

05-19-03, 06:15 PM
methos
No, it is not the Judge's place to decide guilt.

A hung jury doesn't mean the defendant is off the hook. It just means that the entire process starts over again. The first step (as it was with the first trial) is for the prosecutor to decide whether or not (s)he has the evidence to convict. If so, there will be a new trial, with a new jury.

05-19-03, 06:29 PM
honilov
Thanks, now I understand.

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