If you’ve ever watched a legal drama or followed a high-profile court case, you’ve probably heard references to a jury that can’t make up its mind. What many casual court followers don’t know is that a deadlocked jury is this 4-letter word that comes up dozens of times per year in courts across the U.S. That word is “hung”, and it’s one of the most misunderstood terms in the entire legal system. Too many people assume a deadlocked jury means the defendant is off the hook, or that the entire case was a waste of time, but the reality is far more nuanced. I’ve worked as a paralegal for 8 years, and I’ve seen firsthand how a hung jury can shift the entire trajectory of a case for everyone involved.
What a Deadlocked Jury Is This 4-Letter Word, Exactly?
Put simply, a deadlocked (or hung) jury is a group of jurors that cannot reach the required verdict threshold after extended deliberations. You might see people use the terms hung jury and deadlocked jury interchangeably, and they mean exactly the same thing. The only difference is that “hung” is the shorter, more common informal term used by court staff, lawyers, and journalists. There is no set time limit for how long jurors have to deliberate before they’re declared hung, as every case has a different volume of evidence to review.
Most states require a unanimous verdict for felony criminal cases, so even one holdout juror can lead to a deadlock. I once worked on a felony theft case where the jury deliberated for 11 days before the judge declared them hung, because one juror refused to believe the witness testimony even after multiple reviews of submitted evidence. That means a single person’s perspective can completely change the outcome of months of pre-trial work and trial proceedings.
For civil cases, the threshold is usually lower, with most jurisdictions only requiring a 9/12 majority to reach a verdict. That’s why hung juries are far less common in civil trials than they are in criminal trials. Some low-level misdemeanor cases also allow majority verdicts, which cuts down on deadlock risk as well.
Common Causes of a Hung Jury
Every hung jury has its own unique set of circumstances, but most fall into a handful of common categories. In many cases, the root cause is tied to gaps in evidence rather than stubborn jurors, even if pop culture tends to frame deadlocks as the fault of one unreasonable person. Data collected by the National Center for State Courts lists the top three triggers for jury deadlocks as follows:
Less than 10% of all criminal trials end in a hung jury, according to 2023 data, so they’re far less common than legal dramas make them seem. When judges first get word that a jury is deadlocked, they will almost always send jurors back for further deliberations before declaring a mistrial. They may give what’s called an Allen charge, which reminds jurors of the time and cost involved in a retrial, and encourages them to try to reach a compromise if possible.
Some people see Allen charges as pressure to change their vote, but jurors are never required to agree with the rest of the group if they truly don’t believe the evidence meets the required standard. Holdout jurors are completely within their rights to stand their ground, even if it leads to a full deadlock.
What Happens After a Jury Is Declared Hung?
Once a judge decides further deliberations won’t lead to a verdict, they will officially declare a mistrial, which means the current trial ends with no final ruling. That does NOT mean the defendant is acquitted, or that they can’t be tried again for the same crime. Double jeopardy rules don’t apply to mistrials caused by hung juries, so prosecutors can choose to refile charges if they think they have a stronger case the second time around.
Prosecutors choose to refile charges in roughly 60% of hung jury felony cases, especially for violent crimes where there is strong public pressure to secure a conviction. If they don’t refile, the case is effectively dismissed, and the defendant is free to go with no criminal record related to those charges. But it’s not just prosecutors who get to decide next steps. In some cases, the defense will reach out to the prosecution to negotiate a plea deal after a hung jury, to avoid the risk of a guilty verdict at a second trial.
For civil cases, the rules are a bit different. Many civil cases only require a 9/12 juror majority to reach a verdict, so hung juries are far less common. When they do happen, the plaintiff can choose to either refile the suit or negotiate a settlement with the defendant outside of court. I’ve seen multiple civil cases where a hung jury led to far better settlement offers for plaintiffs, because the defense didn’t want to go through the cost and stress of a second trial.
Key Misconceptions About Hung Juries You Should Stop Believing
The biggest misconception about hung juries is that they are an automatic win for the defense. That’s not true at all. The defendant still has to go through the stress of waiting to see if prosecutors will refile, and they’ll likely have to pay more legal fees if they have to go to trial a second time. Even if charges are dropped, most defendants in hung jury cases end up paying tens of thousands of dollars in legal costs that they can’t get back, even if they never get convicted.
Another common misconception is that holdout jurors are always wrong. Many people assume that if 11 jurors agree on a verdict, the 12th is being stubborn or ignorant, but that’s not the case. There have been multiple high-profile cases where the single holdout juror was the only one who noticed gaps in the prosecution’s evidence that later led to the case being dismissed entirely. Holdout jurors are legally protected for their decisions, and can’t be penalized for refusing to agree with the rest of the jury.
The third big misconception is that hung juries are a waste of time. Even if no verdict is reached, the trial gives both sides a clear look at what arguments work and what don’t, which can lead to fairer settlements or stronger cases if a retrial happens. For victims, a hung jury also gives them a chance to decide if they want to go through a second trial, or if they prefer to pursue a plea deal that avoids the stress of testifying again.
Navigating the legal system is confusing enough without trying to keep track of all the niche terms that come up during trials. Now you know that a deadlocked jury is this 4-letter word, hung, and you understand how it impacts both sides of a case, what happens next, and which common myths to ignore. If you ever get called for jury duty, remember that your perspective matters, and it’s okay to stand your ground if you truly don’t believe the evidence meets the required legal standard for a verdict. You don’t have to go along with the group just to avoid a deadlock, as long as you’re basing your decision on the evidence presented in court.