Hung Jury

[Monello]

Should the state retry the case or just let it go? Provided nothing new comes to light for a possible 2nd trial.

 

[rdytogo]

Should the state retry the case or just let it go? Provided nothing new comes to light for a possible 2nd trial.

The state should retry the case. Justice hasn't been served one way or the other!

 

[Hijinx]

I would suppose it would come to how many hung up the jury and which way it was hung.

If one juror hung up the guilty verdict it would be better to retry. If it was split half and half probably a new trial would have the same result.

 

[Larry Gude]

Should the state retry the case or just let it go? Provided nothing new comes to light for a possible 2nd trial.

Depends on the severity of the crimes and the issue(s) that hung up the jury.

I'm not real big on some criminal caught red handed getting off because of technicalities.

 

[MMDad]

Depends on the severity of the crimes and the issue(s) that hung up the jury.

I'm not real big on some criminal caught red handed getting off because of technicalities.

Yep. This isn't as easy as yes/no. Was it because the case was weak, or did they just get jurors that ignored the evidence?

If the evidence is weak sometimes it's best to cut your losses. But if a simple hung jury is enough to prevent justice what's the point?

 

[Larry Gude]

But if a simple hung jury is enough to prevent justice what's the point?

We've adopted the English concept of jury nullification whereby the people always had at least one last reservoir of power over the crown to allow for someone who is guilty as hell but, the community judges as having acted in the community interest; Robin Hood.