Sacramento, CA asked in DUI / DWI for California

Q: What is a hung jury in ca.

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4 Lawyer Answers
Thomas Vinson Nash
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Thomas Vinson Nash
Answered
  • DUI & DWI Lawyer
  • Carmel by the Sea, CA
  • Licensed in California

A: In California a jury of 12 people must render a unanimous verdict to convict someone of a crime.

If the 12 people cannot reach a unanimous decision, it is a 'hung' jury, resulting in a mistrial.

The prosecution can refile the charges and prosecute again or attempt to negotiate a 'plea bargain' for a lesser charge.

Craig Michael Sturm and John Karas agree with this answer

Dale S. Gribow
Dale S. Gribow
Answered
  • DUI & DWI Lawyer
  • Palm Desert, CA
  • Licensed in California

A: A hung jury, also called a deadlocked jury, is a judicial jury that cannot agree upon a verdict ...IN OTHER WORDS ONE OF MORE JURORS OF THE 12 DIDN'T AGREE WITH THE REST.

Craig Michael Sturm agrees with this answer

Maurice Mandel II
Maurice Mandel II
Answered
  • Newport Beach, CA
  • Licensed in California

A: In Texas in 1872, it was when the legendary Judge Roy Bean ordered the Sheriff to take the jury out and hang them because they did not agree with his recommended decision to hang the defendant. In California we were much more civilized at the time and the Judges in Placer County just had the jurors taken out and shot. But today, things are much better, and a HUNG JURY refers to a jury that cannot come to an agreement with the number of jurors required (usually 12 in criminal but could be 9/12 in Civil) in order to reach a decision on the case. Fortunately, today, no one is taken out and actually hung or shot. I may have taken a little liberty with historical facts in the above answer.

Justia disclaimers below, incorporated herein.

Craig Michael Sturm agrees with this answer

Maurice Mandel II
Maurice Mandel II
Answered
  • Newport Beach, CA
  • Licensed in California

A: I must apologize, I researched the historical inaccuracies in my previous answer. Judge Roy Bean did not begin to preside until 1882, so I was off by 10 years. Instead of ordering the jury to be hung by the Sheriff, he imposed a fine on each juror each day they could not agree of 2 bottles of beer, which had to be purchased at his saloon, the Jersey Lilly (named after Lillie Langtry, the actress), at full retail. Judge Roy Bean also required his jurors to purchase drinks during recesses of trials (which were held in the Jersey Lilly) at full retail. Judge Roy Bean only hanged two men during his judicial career, but his system of fines and justice were, to put it mildly, creative. He once fined a corpse $40- $20 for having a concealed weapon, and $10 each for court costs and coroner fees. It just so happened that the corpse had $40 on it.

Justia disclaimers below, incorporated herein. Possible historical inaccuracies continue, since there was little recorded in the area at the time.

Craig Michael Sturm agrees with this answer

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