Definition
An administration-of-justice offense involving interference with lawful processes, truthful fact-finding, custody, or court authority. It requires proof of the interfering act and the intent element specified by the offense definition. It does not include lawful advocacy or conduct lacking the required intent and process-nexus elements. It protects adjudicative integrity and can substantially increase exposure to sanctions and detention outcomes. The concept is generally stable, though procedural triggers and penalties evolve over time.
Principle
Principle
Verdicts require the decision rule set by law or instructions; when jurors cannot reconcile their differences within that rule, the jury is effectively deadlocked and cannot render a judgment.
Demonstration
Demonstration
After several hours of deliberation, twelve jurors remain split 8–4 on guilt and cannot reach the unanimity required by the court; the judge declares the jury hung and may declare a mistrial.
Misapplication
Misapplication
Calling a jury 'hung' prematurely, before adequate deliberation or without attempting instructions to encourage further discussion, thereby cutting off the decision process incorrectly.
Consequence
Consequence
A hung jury commonly leads to a mistrial and gives the prosecution the option to retry the case; it does not constitute an acquittal and generally does not bar retrial under double jeopardy principles.
Reversal
Reversal
A jury that reaches the legally required verdict threshold and returns a definitive guilty or not guilty verdict—i.e., the deadlock is resolved.
Boundary
Boundary
Exists only in jury trials and depends on the jurisdiction's verdict threshold (unanimity versus majority); it is not itself a final determination on the merits and must be distinguished from verdicts, dismissals, and acquittals.
Semantic Tension
Semantic Tension
Closely related to 'mistrial'—a hung jury often causes a mistrial but a mistrial can be declared for many other reasons; the hung jury is the factual state of deadlock, not the judicial disposition.
Synthesis
Synthesis
A hung jury is the state in which jurors, after reasonable deliberation, cannot meet the legally required decision threshold, typically resulting in a mistrial and potential retrial but not an acquittal.