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Michelle, Elected/Appointed Official
Category: Criminal Law
Satisfied Customers: 4136
Experience:  30 + yrs in the legal profession incl. criminal, family, politics, legislator judiciary 6 yrs
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In a Idaho First Degree Murder trial if one juror finds the ...

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In a Idaho First Degree Murder trial if one juror finds the defendant innocent and the other jurors find guilty is that a hung sentence and a new jury trial have to be held or would the defendant be acquitted?


There needs to be a unanimous verdict. So if one does not agree and the judge declares a hung jury (this does not need to done immediately upon notice. The Judge can instruct a jury to go back and try harder to make it unanimous) , then it would be up to the prosecutor to decide if they want to pursue the matter again - if the prosecutor decides not to pursue then that would be an acquittal and there can be no retry on the same charge as that would constitute a verdict and double jeopardy.

Best to you,


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