Deadlocked Jury – What does it mean?

A deadlocked jury is often called a hung jury—

A deadlocked jury—often called a hung jury—occurs when jurors cannot reach the unanimous (or legally required) agreement needed to deliver a verdict. In criminal cases, most jurisdictions require unanimity. When the jury reports that further deliberation will not resolve the disagreement, the court may declare a mistrial.

Background and Historical Information

The concept of a unanimous jury verdict traces back to English common law, where unanimity was seen as a safeguard against wrongful convictions. As American courts adopted this tradition, the requirement became a cornerstone of criminal procedure. Over time, courts developed tools—such as supplemental instructions—to help juries overcome impasse without compromising fairness.

How Courts Respond

A deadlocked jury signals that the jurors, despite deliberation, cannot agree on guilt or innocence. When this happens, the judge typically takes several steps:

• Inquires whether further deliberation may help.
• Issues an “Allen charge” or similar instruction encouraging jurors to re-examine their views without surrendering honest convictions.
• Allows additional time for discussion if appropriate.

If the stalemate persists, the judge may declare a mistrial, ending the trial without a verdict.

What are Allen Charges?

Allen charges also known as dynamite nitroglycerin shotgun or third-degree charges are jury instructions directed at a hung jury encouraging them to reach a consensus on a verdict these charges are contentious as critics argue they can unduly influence certain jurors to alter their views and submit to peer pressure particularly those with minority opinions as a result many states prohibit the use of Allen charges while federal courts may implement them the term “Allen” charge derives from the case Allen v United States 1896 in which the Supreme Court permitted these types of jury instructions in federal courts

What a Deadlocked Jury Can Lead To – Is It Good or Bad?

A deadlocked jury is neither inherently good nor bad—it depends on perspective.

Potential outcomes include:

• Retrial: The prosecution may choose to try the case again.

• Dismissal: Charges may be dropped if evidence is weak or a retrial is impractical.

• Plea negotiations: Parties may reach a resolution short of trial.

For defendants, a hung jury can be a temporary relief but may also prolong uncertainty. For prosecutors, it may signal evidentiary weaknesses. For the justice system, it reflects both the strength and challenge of requiring consensus.

In Closing

A deadlocked jury occurs when jurors cannot reach the agreement required to issue a verdict. Courts attempt to resolve the impasse through additional instructions and deliberation, but if disagreement persists, a mistrial may follow. While frustrating for all involved, hung juries serve as a reminder of the high burden of proof and the value placed on collective judgment in criminal trials.

Links

• Allen v. United States, 164 U.S. 492 (1896) 
• Blueford v. Arkansas, 566 U.S. 599 (2012) 
• Richardson v. United States, 468 U.S. 317 (1984)
• Federal Rule of Criminal Procedure 31

Frequently Asked Questions

Q: What causes a jury to become deadlocked?

A: Jurors may disagree about witness credibility, evidence strength, or legal standards, making consensus impossible.

Q: Can a defendant be retried after a hung jury?

A: Yes. Because no verdict was reached, double jeopardy does not apply.

Q: How long will a judge let a jury deliberate?

A: As long as deliberations remain productive and not coercive. There is no fixed time limit.

Q: Is an Allen charge mandatory?

A: No. Judges may choose whether to give a supplemental instruction based on the circumstances.

Q: Does a hung jury mean the case was weak?

A: Not necessarily. It may reflect close evidence, strong disagreement, or differing interpretations among jurors.

Komorn Law, founded in 1993, brings decades of seasoned experience to Michigan’s most complex criminal and regulatory matters, including the evolving cannabis framework from the MMMA to today’s MRTMA landscape. The firm represents clients facing controlled‑substance offenses, DUI and drug‑related driving charges, firearm violations, property crimes, resisting or obstructing, and the most serious allegations such as manslaughter and homicide. With a proven record in courts across Michigan and the federal system, Komorn Law delivers strategic, relentless advocacy when the stakes are highest. To work with a firm that truly refuses to back down, call  248-357-2550.