When a jury cannot reach a unanimous verdict, a judge may declare a mistrial due to a hung jury. This does not automatically doom the case. In most U.S. criminal prosecutions, a retrial is allowed after a hung jury, though certain safeguards and exceptions apply. This article explains how retrials work after hung juries, the role of double jeopardy, and what defendants and prosecutors should expect.
Overview Of A Hung Jury And Its Consequences
A hung jury occurs when jurors cannot agree on a verdict after a reasonable period of deliberation. The judge may declare a mistrial or choose to shorten the case and resubmit it to another jury. In many states, a mistrial in this context does not prevent the prosecution from retrying the defendant. The key distinction is whether jeopardy has attached and whether retrial would violate double jeopardy protections.
Double Jeopardy: What It Means For Retrial
Double jeopardy protects individuals from being prosecuted twice for the same offense. The critical question is when jeopardy ends. Jeopardy typically attaches when the jury is sworn or, in a bench trial, when evidence is first presented. A hung jury that results in a mistrial generally does not end jeopardy, so a retrial is permitted, provided there was no improper conduct that would bar retrial. The leading principle is that retrial after a mistrial is allowed if the mistrial was granted for a valid, manifest reason or with the defendant’s consent.
When A Retrial Is Common After Hung Jury
Retrials after hung juries are common in many jurisdictions, particularly in serious felony cases. The prosecution may choose to retry to obtain a verdict based on the same charges and evidence. A retrial can occur with a new jury, or the case can proceed to a second trial with similar procedures. The decision to retry often depends on the strength of the case, the likelihood of a different jury’s verdict, and the potential legal and political considerations surrounding the case.
Exceptions Where Retrial Is Restricted Or Prohibited
There are notable exceptions where retrial after a mistrial is barred or limited:
- Acquittal: If a defendant is acquitted, double jeopardy generally prevents a retrial for the same offense. An acquittal is final and bars any further prosecution for the same charge based on the same facts.
- Provoked Mistrial By Prosecution or Defense: If the mistrial results from prosecutorial or defense misconduct intended to provoke a mistrial, double jeopardy protections can complicate or bar retrial in some circumstances.
- Manifest Necessity: When a mistrial is declared for a legitimate, manifest necessity (e.g., hung jury, deadlock, or a critical evidentiary issue), retrial is usually permitted. If the mistrial lacks manifest necessity, a court may still permit retrial in some cases but could face challenges.
- Subsequent Conviction Do-Over Or Other Legal Barriers: In rare situations, other legal doctrines or constitutional considerations might limit retrial options, though these are less common than the standard hung-jury framework.
Process After A Hung Jury
Once the judge declares a mistrial due to a hung jury, the prosecution will assess whether to retry. If they proceed, a new trial date is set, and a new jury is empaneled. The defendant may be held on bail or released as the court determines, subject to existing conditions. In many cases, the defendant’s legal team will seek to suppress evidence or raise new motions, aiming to improve the odds of a different outcome in the retrial.
Strategic Considerations For Defendants
For defendants, a hung jury and possible retrial present strategic choices. Counsel may pursue pretrial motions, challenge admissibility of key evidence, or negotiate a plea deal if appropriate. The defense may also highlight concerns about prosecutorial overreach or procedural issues that could influence the retrial outcome. In some cases, the prospect of a second trial can motivate a negotiated resolution with the prosecution.
Impact On Sentencing And Outcomes
Retrials can yield varied outcomes compared with the initial trial. A successful retrial may lead to conviction, acquittal, or a hung jury again. Even when convicted, sentencing considerations rely on the same statutory framework and mitigating factors as any other conviction. The possibility of harsher or more favorable sentences depends on the jurisdiction, the offense, and the defendant’s criminal history.
Practical Takeaways For Readers
- Yes, you can be retried after a hung jury in most U.S. criminal cases, because a mistrial generally does not terminate jeopardy.
- Acquittal ends the possibility of retrial for the same offense; double jeopardy protects against that scenario.
- Manifest necessity and proper procedures govern whether a mistrial leads to a retrial, and these standards vary by jurisdiction.
- Defense strategies in the wake of a hung jury often focus on evidence suppression, procedural challenges, and potential plea negotiations for a favorable resolution.