Most states require a unanimous verdict in a criminal trial (a small number do not).
In the case of a unanimous verdict, if there is not unanimous votes for quilty, the jury is “hung” and the prosecution can decide if it wants to re-try.
I assume that if it is unanimous for not guilty, the person is acquitted. That is, it’s either all for guilty, all for acquittal or it’s hung. Is this correct?
Also in the case of a state where it doesn’t have to be unanimous, that is, 10 out of 12, does it work like this-
if at least 10 out of 12 for quilty- the defendant is guilty
if at least 10 out of 12 for not guilty- the defendant is acquitted
if it’s less than 10 for either direction - it’s hung.
Correct?
I think this is reasonable. You want to be sure that you’re choosing a bathroom tissue that everyone can agree on.
I IAL in Georgia, and here’s how it works here: we are a “unanimous verdict” state in criminal cases. It’s either 12 people (in felonies- 6 in misdemeanors) saying the same thing or it’s hung. If the jury is hung, the case can be retried. As a pratical matter, though, if the count was something like 10-2 to acquit, the state may not want to waste its resources on trying the case again. If the jury anounces that they’re hung, the judge will usually give a “dynamite charge”, which basically tells them to stop screwing around and decide. At that point, no one knows what the count is (how many for acquittal and how many for conviction).
Also, the jury might hang on one or more counts and reach verdicts on one or more counts. Again, the state can retry the counts on which the jury was hung.
Probably more than youwanted to know. Oh, and BTW- this is not meant to be legal advice. I am licensed to practice law in Georgia and Georgia only.