Jury Deadlock: How Far Should a Judge Go to Avoid a Mistrial?

Case Goes to the Jury 

After the parties have presented their case and “rested,” the jury exits the courtroom and heads to deliberate. During this time, the jurors begin to discuss the facts of the case, apply the law given to them by the judge, and work towards a verdict. This process can range from a short amount of time to a very long amount of time and anywhere in between. A unique and potentially devastating situation arises when the jury cannot reach a conclusion. 

Jury Questions to the Judge 

During deliberation, questions may come from the jury directed to the judge on a particular issue. Many times, the questions deal with evidence or law that the jury wants a specific answer to, likely because they do not completely understand it. Sometimes the judge responds and gives an answer to the question. Other times, the judge may inform the jury they have everything they need.  

Jury Deadlock 

Whenever the jury cannot agree on a verdict, then it is a hung jury is hung and a mistrial is declared. However, such a ruling will not come easily. Instead, many judges will charge the jury to return to deliberation and continue to discuss the case and reach a verdict. Does this direction from the judge provoke jurors to change their minds? How much pressure should be placed on jurors to reach a verdict? Eventually, the jurors inform the judge that they are deadlocked. That deadlock is typically to the level in which no further deliberations will be helpful or result in a decision.  

Consequences 

In June 2016, after a Dallas County man was convicted, three of the jurors immediately informed the judge that they “forced and pressured into switching their votes.” Despite signing an affidavit and testifying at a hearing for a mistrial, the judge sentenced the defendant. Should the jury receive an instruction that they do not have to change their vote based on pressure or intimidation? As evidenced by this case example, severe harm can come to a party simply because a juror was unable to withstand pressure and stick to his or her decision.  

Some deliberations resulting in deadlocks are short while others are long. In December 2016, a Dallas County jury deliberated for a total of six hours before announcing a deadlock and a mistrial was declared.  Another mistrial was granted in Dallas County in December 2016. The deliberations in that trial, which was a murder case, lasted nine hours. In stark contrast, a mistrial was declared in a 2007 federal case in Dallas. The deliberations in that case lasted nineteen days!  

The case examples above illustrate the wide range of deliberation times that juries engage in. While it is understandable that the length of deliberation can be attributed to the extent of evidence in the case, the pressure a judge places on the jury to return and deliberate to reach a decision may not be. With the vast array of jurors, it is difficult to say with certainty how much or how little pressure should be placed on a the jury to continue to deliberate even when the jury has announced it is deadlocked.