#Deadlock jury trial#

If the response is 'no,' then ask the entire panel the following: 'Is there a reasonable probability that the jury can reach a unanimous verdict if sent back to the jury room for further deliberation?' If the response to the first question is 'yes,' then ask: ' To all jurors: If any of you disagree with the answer, please tell me now.' ' To the : In your opinion, is the jury ] ?'

'On receiving word from the jury that it cannot reach a verdict, the district court must question the jury to determine independently whether further deliberations might overcome the deadlock.' Id.Ī suggested script for this purpose follows: 'Without more, however, such a statement is insufficient to support a declaration of a mistrial.' Hernandez-Guardado, 228 F.3d at 1029. 'The most critical factor is the jury’s own statement that it is unable to reach a verdict.' Cawley,630 F.2d at 1349.

#Deadlock jury trial#

2000), the court noted that 'n determining whether to declare a mistrial because of jury deadlock, relevant factors for the district court to consider include the jury’s collective opinion that it cannot agree, the length of the trial and complexity of the issues, the length of time the jury has deliberated, whether the defendant has objected to a mistrial, and the effects of exhaustion or coercion on the jury.' Id. at 270 ('But if, on the other hand, after the case had been submitted to the jury they reported their inability to agree, and the court made record of it and discharged them, such discharge would not be equivalent to an acquittal, since it would not bar the further prosecution.') 317, 324-25 (1984) (explaining that when a jury is genuinely deadlocked, the trial judge may declare a mistrial and require the defendant to submit to a second trial) see also Selvester, 170 U.S. The record should reflect that the jury is 'genuinely deadlocked.' Richardson v. A 'high degree' of necessity is required to establish a mistrial due to the hopeless deadlock of jury members. 2007):Ī hung jury occurs when there is an irreconcilable disagreement among the jury members. 31(b)(3), and, thus, that there is a basis to declare a mistrial. If the jury indicates that it is deadlocked after an Allen charge is given, the Committee recommends polling the jury to confirm that they 'cannot agree on a verdict on one or more counts,' Fed. 7.8 SCRIPT FOR POST- ALLEN CHARGE INQUIRY