hung jury
A hung jury, or a deadlocked jury, is a jury that is unable to reach a verdict by the required voting margin. A hung jury will often lead to a retrial of the case. In some cases, the judge may instruct the jury to continue their deliberation, this is referred to as a dynamite charge.
A hung jury has an impact on all parties involved in the trial. For the defendant, a hung jury may mean that they have not been found guilty, but it also means that the case could be retried, leading to additional distress and legal fees. For the prosecution, a hung jury means that they have failed to secure a conviction, which can undermine their case and credibility.
When a hung jury occurs, it is up to the prosecution to decide if they want to retry the case or drop the charges. It's important to note that double jeopardy (the Constitutional principle that prohibits trying a person twice for the same crime) does not apply in cases where a mistrial is declared due to a hung jury.
[Last reviewed in September of 2026 by the Wex Definitions Team]
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