Hung Juries Explained

About this episode

This episode explains the concept of hung juries and the subsequent legal processes involved.

After a hard-fought trial, sometimes the jury simply can’t agree. Speaker A shared a personal story about his very first trial resulting in a deadlocked jury (01:12). Here’s what happens step-by-step: The Wait: Both sides anxiously await, sometimes for days, as the jury deliberates (02:40). The Howard/Allen Charge: If the jury is stuck, Ohio courts use the “Howard charge” (federally known as the “Allen charge” or “dynamite charge”), urging jurors to reconsider their positions (03:21). No Verdict? Mistrial: If the jury still can't agree, the judge can declare a mistrial (04:57). What's Next? The prosecutor decides whether to try the case again, often after speaking with jurors to understand the split (05:49). Do-Overs: The Realities of Retrying a Case Sometimes, a case is retried immediately; other times, practicalities and strategy call for a pause (05:41). Speaker A noted how retrying a case can be even harder for the defense: "Have you ever had a term paper deleted by accident? Rewriting it is nauseatingly painful" (07:49). FAQ Corner What about Double Jeopardy? A hung jury doesn't trigger double jeopardy—a retrial is possible without violating a defendant’s rights (07:12)…

People in this episode

Host: Stephen E. Palmer

Guest: Speaker A

Topics covered

• hung jury
• mistrial
• legal process
• jury deliberation
• retrying a case

Keywords

• hung jury
• mistrial
• jury deliberation
• Allen charge
• double jeopardy

Mentioned in this episode

Organizations: Ohio courts, Channel 511, www.lawyertalkpodcast.com

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