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What is a hung jury?

Jury seating area in a courtroom

A hung jury, also known as a deadlock jury, is when the jury that cannot agree on a verdict after voting and deliberating. This usually results in a mistrial, and the prosecution can retry the case. This does not reflect on a defendant's guilt or innocence.

In a civil case, if a jury is evenly split between plaintiff and defendant, who will win?

When a jury is divided evenly between a plaintiff and a defendant, neither side will win. This is considered a hung jury, resulting in a mistrial. This can happen in civil and criminal trials.

If a mistrial is granted, is the case over or are automatically retried?

Usually, a hung jury is the cause for mistrial. When this happens, the case will go back to trial and may be heard by a different jury.

In the event of a hung jury, can the prosecutor charge a person with the same assault or does this violate the double jeopardy clause?

Since it was a hung jury, the case can be retried. If the prosecutor wants to file the same charges and take the case to trial, he/she has every right to do so without affecting the double jeopardy clause.

Can a person be retried if the trial ended in a hung jury and the case was subsequently dismissed by the court?

Usually, it would depend on whether you were dismissed "with prejudice" or "without prejudice." You cannot be retried if the case was dismissed "with prejudice." However, if the case was dismissed "without prejudice" you can be retried.

A hung jury is the result of an undecided verdict from the jury which usually results in a mistrial. If you want to know if a case can be retried or what results in a hung jury, it is essential to know where to turn for reliable answers. For questions, concerns or general information, you should always seek the guidance of an Expert.

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