Criminal Procedure Bar Practice Exam 2025 – The Complete Guide to Mastering Your Bar Exam!

When a jury trial ends in a hung jury—where the jury is unable to reach a unanimous decision regarding the defendant's guilt or innocence—one potential outcome is that a retrial may occur. This means that the prosecution has the option to bring the case before a new jury with the hopes of obtaining a conviction.

Having a hung jury indicates that the jury could not come to a consensus, which does not resolve the case either in favor of the prosecution or the defense. The implication of this is that the defendant has not been acquitted, and the initial trial does not establish finality concerning the charges.

In contrast to other outcomes, such as a situation where double jeopardy would prevent retrial after an acquittal, or a declaration that the trial cannot proceed at all, the opportunity for a retrial provides the prosecution with a second chance to present its case. It is important to understand that a hung jury does not have the same legal consequences as acquittal or the conclusion of a successful prosecution.