Schedule a Consultation (401) 854-7794

Not Guilty RI

What Happens After a Hung Jury in a Criminal Trial?

Posted by Kara Hoopis Manosh | Sep 17, 2023 | 0 Comments

The conclusion of a criminal trial can bring intense emotions and anticipation, but what happens when the jury reaches a deadlock? A hung jury, where the jurors cannot reach a unanimous verdict, can leave both the prosecution and the defense in a state of uncertainty. Let's examine what occurs after a hung jury in a criminal trial and how it impacts the legal proceedings.

1. Declaration of a Hung Jury:

When the jury cannot reach a unanimous verdict, the judge will declare a hung jury. This means that the case has not been resolved, and no verdict has been reached. The prosecution may choose to retry the case.

2. Prosecution's Options:

Following a hung jury, the prosecution has several options:

  • Retrial: The most common option is to retry the case with a new jury, hoping for a different outcome.
  • Dismissal: In some cases, the prosecution may choose to dismiss the charges, especially if they believe that the evidence is weak or if there are other legal considerations.

3. Defense's Perspective:

For the defense, a hung jury can be both a relief and a source of concern. While it means that the prosecution did not secure a conviction, it also means that the defendant's legal troubles are not yet over. The defense must prepare for the possibility of a retrial - after revealing to the prosecution their entire defense.

4. Legal Strategy Adjustments:

After a hung jury, both the prosecution and the defense may make adjustments to their legal strategies. They may reevaluate the strength of their case, reconsider which evidence to present, or assess the feasibility of reaching a plea agreement.

5. Retrial Process:

If the prosecution decides to proceed with a retrial, the legal process essentially starts over. A new jury is selected, and the case is presented once again. This process can be time-consuming and emotionally taxing for all parties involved.

6. Jury Selection:

Selecting a jury for the retrial is a critical step. Attorneys from both sides will carefully screen potential jurors to ensure a fair and impartial panel. They will also learn from the previous trial's experience to refine their selection strategy.

7. Potential for Different Outcome:

It's important to note that a hung jury does not necessarily mean that the defendant will be convicted in the retrial. The outcome can vary, as it depends on several factors, including the evidence presented, the effectiveness of legal arguments, and the composition of the new jury.

8. Double Jeopardy:

Double jeopardy, a constitutional protection, prevents individuals from being tried for the same offense more than once after an acquittal or conviction. However, a hung jury does not trigger double jeopardy because no verdict has been reached.

9. Emotional Toll:

A hung jury can be emotionally taxing for defendants and their families, who must endure the uncertainty and stress of legal proceedings for an extended period.

10. Legal Representation Matters:

Having experienced legal representation is crucial in navigating the aftermath of a hung jury. Skilled defense attorneys can assess the case, strategize for the retrial, and provide valuable guidance throughout the process.


A hung jury is a pivotal moment in a criminal trial, leaving both sides with critical decisions to make. It underscores the importance of legal representation and the unpredictable nature of the criminal justice system. While it brings uncertainty, it also offers the opportunity for a different outcome in the retrial, reminding us that the pursuit of justice is a complex and evolving process.

About the Author

Kara Hoopis Manosh

Attorney Manosh has dedicated her entire career to defending the rights of the criminally accused. She has handled thousands of cases, appearing in every courthouse in the State of Rhode Island.


There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Schedule a Consultation

Your rights, your freedom, and your future are at stake. Our dedicated team of career defenders at Manosh Payette, LLC is here to fight for you.

We offer a free case strategy session and will gladly discuss your case with you at your convenience. Contact us today to schedule a confidential consultation.