I was discussing this with a colleague who’s going on jury duty, and was wondering about this question. I sat on a civil case last year where the lawyer for the defendant polled the jury after we gave the verdict, apparently in the hope that there was someone on the jury who would disagree.
Would there be a mistrial? Would we have been sent back to deliberate again? What?
The judge would not enter a verdict. There’s no reason to suppose the jury can’t be sent back to deliberate again. Of course, if this episode was the culmination of other events, and the judge had reason to believe the jury could not reach a verdict, he could certainly declare a mistrial.