What Is a Hung Jury? When the Jury Can’t Decide—and What Happens Next

By Trinity Barnette

We’re taught to think of trials as win-or-lose moments: guilty or not guilty. But sometimes, it’s not that simple.

When a jury can’t agree on a verdict, the result is what’s called a hung jury—and it throws everything into uncertainty. There’s no conviction. No acquittal. Just a room full of people who couldn’t reach a unanimous decision, and a courtroom left in limbo.

In this post, I’m breaking down what a hung jury actually means, how it happens, what comes next, and why it’s one of the most misunderstood outcomes in criminal justice.

Section 1: What Is a Hung Jury?

A hung jury happens when the jurors in a trial can’t agree on a verdict—even after extended deliberation. In most criminal cases, the jury must be unanimous to deliver a guilty or not guilty verdict. If even one juror disagrees, and that disagreement can’t be resolved, the result is a hung jury.

Example: If 11 jurors vote guilty and 1 votes not guilty—and no one budges? That’s a hung jury.

This is not the same as being found “not guilty.” A hung jury means no official verdict was reached at all. It’s like the game was played, but no one scored.

Section 2: What Happens After a Hung Jury?

A hung jury doesn’t end a case—it just hits pause. When a jury can’t reach a unanimous decision, the judge usually declares a mistrial, and the legal process has to figure out what comes next.

Here are the three main possibilities:

1. The Case Is Retried

The prosecution can choose to retry the case with a new jury. This means the whole trial starts over from the beginning—same charges, same evidence, different people in the jury box.

This usually happens when the prosecution believes they still have a strong case and just need a different jury to secure a conviction.

2. The Charges Are Dropped

In some cases, the prosecutor may decide not to retry the case, especially if:

• The evidence was weak

• The mistrial exposed major flaws in the case

• The jury was strongly leaning not guilty This is known as a voluntary dismissal.

3. A Plea Deal Is Offered

If the trial didn’t go as planned, both sides may decide to negotiate a plea deal instead of going through the stress and expense of another full trial.

This is a common outcome after a hung jury—especially if the defendant wants to avoid the risk of a harsher sentence in round two.

Important Note:

A hung jury and mistrial do not equal double jeopardy. The defendant can be retried because there was no final verdict.

Section 3: Why Do Hung Juries Happen?

Juries are made up of real people—and real people don’t always agree. When a group is asked to decide something as serious as guilt or innocence, it’s no surprise that things can get complicated.

Here are the most common reasons juries end up hung:

1. Reasonable Doubt

In criminal cases, all 12 jurors must be convinced beyond a reasonable doubt that the defendant is guilty. If even one juror isn’t fully convinced, they’re supposed to hold their ground. That’s the whole point of the standard: it’s intentionally hard to convict.

2. Conflicting Evidence

If the case involves shaky witnesses, unclear timelines, or evidence that can be interpreted multiple ways, jurors may walk away with totally different conclusions.

One juror might say, “That’s proof.”

Another might say, “That’s not enough.”

3. Personality Clashes or Power Struggles

Jurors are human. Sometimes the disagreement isn’t even about the facts—it’s about ego, control, or who talks the loudest in the deliberation room.

4. Bias or Life Experience

People bring their own perspectives into the jury box. If one juror has a personal belief, trauma, or bias that affects how they see the case, they might not be willing to budge—no matter what the law says.

5. Jury Nullification (Rare but Real)

Sometimes, a juror may believe the defendant technically broke the law, but still refuses to convict because they believe the law itself is unfair. That’s called jury nullification—and while legal, it often leads to hung juries.

Section 4: Is a Hung Jury the Same as a Not Guilty Verdict?

Short answer? No.

A hung jury means the jury couldn’t agree. A not guilty verdict means they did agree—the defendant is legally acquitted.

Hung Jury = No Verdict

• The trial ends in a mistrial.

• The charges still exist.

• The defendant can be retried for the same crime.

• There is no official legal conclusion about guilt or innocence.

Not Guilty = Acquittal

• The trial ends with a unanimous verdict.

• The case is over—the defendant is cleared.

• The prosecution cannot retry the case due to double jeopardy.

Why This Matters:

People often hear “hung jury” and assume it means the defendant is off the hook. But in reality, a hung jury just means the process hit a dead end—not that the defendant was found innocent.

A not guilty verdict protects you.

A hung jury leaves the door wide open.

Conclusion: When Justice Gets Stuck

A hung jury doesn’t mean guilty or not guilty—it means the system got stuck somewhere in between.

It’s a frustrating outcome for everyone involved: prosecutors, defense attorneys, victims, and defendants. But it’s also a reflection of how serious and complex trials really are. Getting 12 people to agree beyond a reasonable doubt? That’s not easy. And sometimes, it doesn’t happen.

Whether it leads to a retrial, a plea deal, or dropped charges, a hung jury is one of the most unpredictable turns a case can take. It reminds us that in the courtroom, certainty isn’t always guaranteed—and silence doesn’t always mean justice.