Reply
Thread Tools Display Modes
#1
Old 06-01-2012, 12:50 PM
Guest
Join Date: Feb 2007
Location: Challenger Deep
Posts: 10,336
how long before a "hung jury" can be declared?

In the US, is there any required length of time that a jury in a criminal case must deliberate before a declaration of "hung jury" is issued?
#2
Old 06-01-2012, 12:51 PM
Member
Join Date: Jun 2007
Location: Pacific NW.
Posts: 9,797
No set time. The court usually tells them to keep trying, until they say something like "we won't ever be able to return a verdict."

I've seen it range from about a day to about a week.
#3
Old 06-01-2012, 12:58 PM
Charter Member
Join Date: Dec 2002
Location: Very east of Foggybog, WI
Posts: 4,437
Can the judge find a juror in contempt if s/he is a holdout and refuses to "deliberate." I realize contempt could not (I assume) be found for simply voting one way or the other, but suppose one juror simply refuses to even talk to the other jurors.
#4
Old 06-01-2012, 01:50 PM
Guest
Join Date: Dec 2005
Location: Riverside, CA
Posts: 12,098
As soon as the pants come off.
#5
Old 06-01-2012, 01:57 PM
Guest
Join Date: Mar 2006
Location: Columbus, Ohio
Posts: 4,416
Quote:
Originally Posted by OldGuy View Post
Can the judge find a juror in contempt if s/he is a holdout and refuses to "deliberate." I realize contempt could not (I assume) be found for simply voting one way or the other, but suppose one juror simply refuses to even talk to the other jurors.
Can't see how--the jury room is pretty much sacrosanct; deliberations are as close as anything in the system is to being absolutely, inviolably confidential. Of course, jurors are generally free to discuss deliberations afterward, but I believe (without being certain, being no litigator) that a judge's contempt powers stem by common law from his duty to keep order in his courtroom; once the trial's over, I don't believe he can reach out and tap people retroactively for contempt.

All this aside, as a policy matter it would be a bad idea; it's hard enough to be the only hold-out on principle without having to worry that you could face criminal or civil sanction for doing so.
#6
Old 06-01-2012, 01:59 PM
Member
Join Date: Jan 2001
Location: Bigfork, Montana
Posts: 4,150
I was the foreperson on a DUI jury trial and one of the jurors (stupidly) said at the beginning of the deliberation they would vote not guilty no matter what happened because "the government had no right to tell someone they couldn't drink and drive". That's jury nullification, and I could have reported it to the judge and the juror would have been immediately replaced, but in the interest of expedience we deliberated anyway and came to the conclusion that the defendant was not guilty so it didn't matter in this particular case.

Last edited by dolphinboy; 06-01-2012 at 02:02 PM.
#7
Old 06-01-2012, 02:37 PM
Guest
Join Date: Feb 2003
Location: Washington, DC
Posts: 5,989
Quote:
Originally Posted by OldGuy View Post
Can the judge find a juror in contempt if s/he is a holdout and refuses to "deliberate." I realize contempt could not (I assume) be found for simply voting one way or the other, but suppose one juror simply refuses to even talk to the other jurors.
Sure. In fact, that sort of willful disobedience is the best way to get slapped with a contempt citation. Stupid but accidental violations of the rules (like reading about the case online) could potentially lead to a contempt citation, but judges won't often bother. You'll just be dismissed.
#8
Old 06-01-2012, 02:39 PM
Guest
Join Date: Feb 2003
Location: Washington, DC
Posts: 5,989
Quote:
Originally Posted by LawMonkey View Post
Can't see how--the jury room is pretty much sacrosanct; deliberations are as close as anything in the system is to being absolutely, inviolably confidential. Of course, jurors are generally free to discuss deliberations afterward, but I believe (without being certain, being no litigator) that a judge's contempt powers stem by common law from his duty to keep order in his courtroom; once the trial's over, I don't believe he can reach out and tap people retroactively for contempt.

All this aside, as a policy matter it would be a bad idea; it's hard enough to be the only hold-out on principle without having to worry that you could face criminal or civil sanction for doing so.
I agree with all of this - I guess I was envisioning something like a juror refusing to enter the jury room, or something similarly over-the-top (and in the view of court officials).
#9
Old 06-01-2012, 05:58 PM
Guest
Join Date: Mar 2006
Location: Columbus, Ohio
Posts: 4,416
Quote:
Originally Posted by Mr. Excellent View Post
I agree with all of this - I guess I was envisioning something like a juror refusing to enter the jury room, or something similarly over-the-top (and in the view of court officials).
That's a different situation. If you've got that sort of egregious misbehaviour in court, I imagine the judge could use his contempt powers, or (more likely) dismiss the juror in favor of an alternate (or possibly a bit of both). Still don't know for sure, though... but in almost 240 years of American jurisprudence, it's probably happened somewhere.
#10
Old 06-02-2012, 10:27 AM
Guest
Join Date: Jan 2012
Posts: 1,448
Quote:
Originally Posted by Procrustus View Post
No set time. The court usually tells them to keep trying, until they say something like "we won't ever be able to return a verdict.
I do not live in New York, but I do know from past research thier Constitution does not permit a Judge to order the Jury to keep deliberating once a deadlock is announced. This so called "Allen Charge" of the federal case name, may be applicable in state courts under different case name charges though.

I don't even know if my state permits it, I just came across NY once in research.
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off

Forum Jump


All times are GMT -5. The time now is 10:57 PM.

Copyright © 2017
Best Topics: gasoline evaporates merbromin for sale horizontal electrical outlet corolla service manual menopause boards mysterium society directv transponders punctured lung death kamikaze pilot helmet piss shivers whisper game phrases promotion works 7mm allen wrench ghost world ending yellow-bellied adderall goodrx primatene mist canada buttermilk smell leave chicken out wild movie netflix frozen wart black frequency bandwidth penis skin darker trafficinside.me malware dentist irrigation macho movie boy hardons african written languages tits for beads parrot pirates windows installer hangs rockford turn eleison meaning bartender jiggers blow this popsicle stand irish catholic vs roman catholic bad guy in lion king toro personal pace electric start problems vegetarian dating non vegetarian shows like regular show humans are carbon based lifeforms ending of dr strangelove explained is sri lanka a third world country how long should a tube of toothpaste last how long will a pharmacy hold a prescription bacteria that smells like grapes available credit does not add up 41 in a 25 speeding ticket federal court jury duty low temperature and sweating jurassic park 3 ringtone iphone musha ringum duram da board game like taboo slang words for condoms what is cunnilinggus meaning bilbo and gandalf smoking shots in a fifth of whiskey retarded kid with helmet fallout 4 automatron name glitch fix how many times has the supreme court reversed itself cities skylines abandoned buildings everywhere brake fluid vs power steering can i lick your ass who pays for holmes on homes repairs test aa battery with multimeter gas fireplace keeps going out pilot stays on