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hung jury in their groundbreaking work, The American Jury.2 In this article, we review their conclusions about hung juries, and summarize contemporary work that builds on and further illuminates why juries hang.
The framers of the U.S. Constitution viewed the right to a jury trial as a fundamental pillar of liberty—a form of protection against the threat 1. When a jury cannot reach consensus on a given verdict after an extended period of delib-eration, the jury is said to be hung or deadlocked. In most jurisdictions, a hung jury results in
29 maj 2020 · The Oxford English Dictionary lists the first printed reference to a hung jury in Edwin Bryant’s What I Saw in California (1848-49) in which he states: “The jury . . . were what is called ‘hung’; they could not agree . . .”
A hung jury, also called a deadlocked jury, is a judicial jury that cannot agree upon a verdict after extended deliberation and is unable to reach the required unanimity or supermajority. A hung jury may result in the case being tried again. This situation can occur only in common law legal systems.
17 cze 2022 · A 1912 amendment allows for non-unanimous verdicts in civil cases. A hung jury is a mistrial and does not mean that the defendant cannot be tried again. A few years ago, a defendant was acquitted of murder charges in Cuyahoga County after two previous trials resulted in hung juries.
WHAT PRICE a "hung jury" in civil cases? A few answers readily come to mind: Court time, costs and expenses, hard ship to litigants and advocates and issues undecided. But what about the price of the right of trial by jury? Premature discharge of a jury bars that right. Of course, the cause of the "hung jury" is not the disagreement of the
Using multiple approaches to explore the data, we learned what differentiates a hung jury from one that reaches a verdict. Consistent themes of weak evidence, problematic deliberations, and jurors’ perception of unfairness arose in the hung jury cases. These themes structure and inform the proposals we suggest for addressing hung juries.
