Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
Crimes by Code
Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
California DUI
DUI arrests don't always lead to convictions in court. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. Visit our California DUI page to learn more.
Post Conviction
A criminal record can affect job, immigration, licensing and even housing opportunities. In this section, we offer solutions for clearing up your prior record.
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In California criminal trials, a hung jury is when the jurors cannot reach a unanimous agreement as to the verdict. All jurors have to agree on guilt or innocence to render a trial complete.
(Hung juries can also occur in civil trials such as for personal injury, though only three-fourths of jurors in a civil trial have to agree to render a verdict.)1
If there is a hung jury in a California criminal case, the following may happen:
If a judge does declare a mistrial or retrial due to a deadlocked jury, the prosecution has the opportunity to retry the case or ask for a new trial. Though the prosecution is under no obligation to do so.
If, for example, the jurors in the hung jury were stuck at 11 votes in favor of acquittal and only one juror would have found the defendant guilty, the prosecution may see that as the writing on the wall and decide not to try the case again.
Not necessarily. The Double Jeopardy Clause has been written into the Fifth Amendment of the United States Constitution.2
The double jeopardy clause guarantees that there will be
The Clause usually does not apply in the case of a hung jury and a prosecutor’s decision to retry a case.
If there is some “legal necessity” that required a jury to be discharged in California, a case may be retried.3 In these circumstances, the double jeopardy defense is not available.
A legal necessity may arise from
In California, jury misconduct is defined as any conduct that conflicts with the judge’s instructions as to how jurors should perform their duties.
This type of conduct can include (but is not limited to) a juror:
Once a judge determines that one or more jurors have engaged in jury misconduct and that that misconduct has interfered with the defendant’s right to a fair trial, the judge has several options.
The judge may:
Although California judges provide guidance and instructions to jurors during a criminal trial, they cannot require or compel jurors to reach a specific verdict. The principle of jury independence is a central aspect of the legal system meant to ensure a fair and impartial trial.
Therefore, while judges can encourage jurors to engage in thorough deliberations and consider all the evidence presented, they cannot force jurors to agree or reach a unanimous verdict. Ultimately, it is the responsibility of the jurors to review the evidence, deliberate, and arrive at a verdict based on their individual assessments of the case.
For more in-depth information, refer to these scholarly articles:
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.