What if the jury in my case does not agree to my innocence? Or Guilt? What happens then?

In Massachusetts, jurors must all agree when they decide a criminal case. If even one person on the jury does not agree, they must continue to deliberate unless the judge says otherwise.

What is a jury?

A jury is a group of people who deliver a verdict at a trial.

The job of a jury is to decide questions of fact. In other words, a jury is responsible for deciding what is true and what is not.

In criminal cases, the burden of proof is the very high standard of beyond a reasonable doubt. The punishment for a guilty verdict is usually some loss of freedom, including probation, paying a fine, or time in jail or imprisonment. Because of this, it is important to have a high burden of proof.

What happens when a jury is deadlocked?

When a jury cannot reach a unanimous verdict in a criminal case, they will inform the judge. The judge will then usually call them out of the jury deliberation room to read another jury instruction to them, or talk to them more informally. The judge will encourage them to resolve their differences and reach a unanimous verdict. Sometimes this happens multiple times before the judge makes a final decision on whether the jury is deadlocked.

Jurors must balance sticking to their beliefs and convictions with working with their colleagues to reach one verdict. Judges work to encourage jurors to reach a unanimous verdict because if a jury is not unanimous, the court will declare a mistrial. A mistrial is not a guilty verdict. It is not an acquittal either. A mistrial is a trial that has been invalidated because the jury is hopelessly deadlocked or a serious procedural error occurred.

Judges discourage mistrials because it is not an efficient use of judicial resources. Trials in criminal cases can extend for days and sometimes weeks. They require constant supervision from the judge, which means that judge cannot attend to other court business. They also require constant attention by a court clerk and one or more court officers. The process of impaneling, or assembling, a jury takes a considerable amount of time too. When a case results in mistrial, the entire trial needs to be redone.

Do defense attorneys ask for mistrials?

Although everyone tries to avoid mistrials, sometimes a defense attorney will request a mistrial on behalf of their client. A defense attorney will do this when they believe the proceedings against their client have been tainted by a decision or action of the judge or prosecutor. For example, a judge might admit, or allow the jury to see, a piece of evidence that the defense attorney believes is a serious error of law that has prejudiced the jury. In other words, the defense attorney would argue the jury has been so biased by the evidence, the jury would be unable to decide the verdict fairly. Mistrials are rare but occasionally granted when errors are significant.

It is important to remember that even if a judge does not grant a mistrial, this does not mean a defense attorney can’t challenge a guilty verdict. There are various ways this happens. A defense attorney could file a motion for a new trial. A defense attorney could also move to set aside the verdict. The verdict could also be challenged on appeal.

IF YOU OR A LOVED ONE HAVE BEEN CHARGED WITH A CRIME, AND YOU NEED AN EXPERIENCED CRIMINAL DEFENSE LAWYER WORKING ON YOUR SIDE TO PROTECT YOUR RIGHTS, PLEASE CONTACT CRIMINAL DEFENSE ATTORNEY WILLIAM J. BARABINO.

CALL 781-393-5900 TO LEARN MORE ABOUT YOUR AVAILABLE DEFENSES.

Related Articles: