The state would decide whether to retry the case, and it would depend on the makeup of the vote of the current jury. If the vote was 3-3 they might retry. If the vote was 5 for not guilty and 1 for guilty, they would likely not retry.

Just Saying

(1,799 posts)

3. I believe a hung jury results in a mistrial.

Reply to shraby (Original post)

Fri Jul 12, 2013, 10:32 PM

Jul 2013

And it would be up to the state to decide to retry or not. I know the judge will try to encourage the jury to come to a decision. They have a speech they give to a hung jury about how another jury will hear the same evidence, it's up to you to decide based on what you heard, etc.

HolyMoley

(240 posts)

4. I don't know about FL juridical proceedings

Reply to shraby (Original post)

Fri Jul 12, 2013, 10:44 PM

Jul 2013

but, it's possible the judge might not take that as an answer and order the jury to go back and
deliberate until they reach an unanimous decision.

If after XXX number of hours/days/weeks passes and no decision is agreed upon or stalemate reached, then the judge could decide that a hung jury/mistrial is in order.

All it takes is one stubborn juror digging their heels in to reach that point (5-1 for acquittal, 5-1 for conviction).

However, if it seems obvious that the lone hold out has some personal interest or deliberately ignoring the judges instructions, that person could be called before the judge to explain themselves with the possibility of being replaced by an alternate.

As i posted, I have no idea if this scenario complies with FL judicial proceedings or not.

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