GITNUXREPORT 2025

Hung Jury Retrial Statistics

Most hung juries result from deadlock, leading to retrials with high success rates.

Jannik Linder

Co-Founder of Gitnux, specialized in content and tech since 2016.

First published: April 29, 2025

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The likelihood of a conviction in a retrial after a hung jury can depend heavily on jury composition and jury instructions

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Hung juries are more prevalent in cases with ambiguous evidence or complex legal issues

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Common reasons for jury deadlock include disagreement over factual issues and differing interpretations of the law

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The presence of legal instructions clarifying reasonable doubt reduces the probability of hung juries

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Jurors' understanding of legal instructions significantly impacts the likelihood of deadlock

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The presence of media coverage can influence jury impartiality, thereby affecting hung jury rates

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Hung juries are more common in high-profile cases due to increased public pressure and media influence

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Juror personality traits, such as openness and agreeableness, influence jury decision-making and hung jury likelihood

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Studies indicate that juror fatigue and stress can contribute to deadlocks, especially in lengthy trials

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In some jurisdictions, judicial instructions emphasize the importance of reaching a unanimous verdict, which can influence deliberation outcomes

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The use of detailed case summaries and visual aids during deliberations has been linked to lower hung jury rates

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Juror demographics, including age and education level, are correlated with hung jury frequency, with younger and less educated jurors more prone to deadlock

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Approximately 10-20% of criminal trials result in hung juries

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Hung juries occur in about 5-15% of criminal trials

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Jurors vote to deadlock in about 85% of hung jury cases

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In federal courts, hung juries account for roughly 7-9% of trials

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The incidence of hung juries is higher in complex cases compared to straightforward cases

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Jury deadlock (hung jury) is most common in criminal cases involving serious felonies

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During the 2000s, the percentage of hung juries in federal cases decreased slightly with improved jury instructions

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Jury education programs aimed at reducing deadlocks have shown mixed results, with some jurisdictions reporting a decline in hung juries

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The presence of alternate jurors can influence the final outcome, with some studies showing higher retrial conviction rates

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The average length of jury deliberation before a hung jury is approximately 3 days

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The use of specialized juror questionnaires can help reduce the likelihood of deadlocks

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Hung juries are rarely declared in plea bargain cases, but more common in jury trials with contested legal facts

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The rate of hung jury declaration has declined over recent decades in several jurisdictions, possibly due to changes in legal procedures

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Advances in forensic evidence have decreased the likelihood of hung juries in criminal trials

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The presence of split jury opinions often leads to hung jury outcomes, especially in divided communities

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Jurors holding strong pretrial opinions are more resistant to compromise, increasing hung jury risk

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Some jurisdictions have implemented 'bifurcated trials' to reduce the chances of a hung jury, with mixed success

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Training lawyers and judges thoroughly in jury law and procedures correlates with fewer hung juries

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Hung juries tend to increase the overall cost of the judicial process by necessitating new trials, estimated additional costs often surpassing millions of dollars

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Certain legal reforms, such as reducing the required unanimity, have been shown to decrease the rate of hung juries

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Hung juries tend to occur more frequently in cases with conflicting expert testimonies, leading to jury confusion or indecision

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Juror survey studies show that hung juries often occur due to a small minority holding out for acquittal or conviction

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Jury size can influence hung jury occurrence, with larger juries statistically less likely to deadlock

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Some states have specific laws limiting the number of retrials after a hung jury

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Jury unanimity requirements vary by jurisdiction, impacting the likelihood of hung juries

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The success rate of retrials after a hung jury varies between 60-75%

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Retrial after a hung jury often results in convictions approximately 40-60% of the time

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Approximately 70% of hung jury cases result in plea bargains rather than retrial

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The average duration before a retrial following a hung jury is about 4-6 months

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Retrial success after a hung jury is more likely if the case has strong prosecutorial evidence

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The rate of retrial success after a hung jury varies geographically, with some states experiencing higher conviction rates

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Retrials after a hung jury often involve jury instructions that clarify the requirements for conviction

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Key Highlights

Approximately 10-20% of criminal trials result in hung juries
Hung juries occur in about 5-15% of criminal trials
The success rate of retrials after a hung jury varies between 60-75%
Retrial after a hung jury often results in convictions approximately 40-60% of the time
Approximately 70% of hung jury cases result in plea bargains rather than retrial
Jurors vote to deadlock in about 85% of hung jury cases
The average duration before a retrial following a hung jury is about 4-6 months
In federal courts, hung juries account for roughly 7-9% of trials
The incidence of hung juries is higher in complex cases compared to straightforward cases
Retrial success after a hung jury is more likely if the case has strong prosecutorial evidence
Jury deadlock (hung jury) is most common in criminal cases involving serious felonies
Some states have specific laws limiting the number of retrials after a hung jury
Retrials after a hung jury often involve jury instructions that clarify the requirements for conviction

Hung juries, which occur in approximately 5-15% of criminal trials, not only postpone justice but also significantly impact the legal system, with retrials succeeding approximately 60-75% of the time and often culminating in plea bargains rather than additional litigation.

Factors Influencing Hung Juries and Deliberation

The likelihood of a conviction in a retrial after a hung jury can depend heavily on jury composition and jury instructions
Hung juries are more prevalent in cases with ambiguous evidence or complex legal issues
Common reasons for jury deadlock include disagreement over factual issues and differing interpretations of the law
The presence of legal instructions clarifying reasonable doubt reduces the probability of hung juries
Jurors' understanding of legal instructions significantly impacts the likelihood of deadlock
The presence of media coverage can influence jury impartiality, thereby affecting hung jury rates
Hung juries are more common in high-profile cases due to increased public pressure and media influence
Juror personality traits, such as openness and agreeableness, influence jury decision-making and hung jury likelihood
Studies indicate that juror fatigue and stress can contribute to deadlocks, especially in lengthy trials
In some jurisdictions, judicial instructions emphasize the importance of reaching a unanimous verdict, which can influence deliberation outcomes
The use of detailed case summaries and visual aids during deliberations has been linked to lower hung jury rates

Factors Influencing Hung Juries and Deliberation Interpretation

While jury composition, legal clarity, and external influences like media shape the odds of a hung jury, it ultimately hinges on the human element—jurors' personalities, understanding, fatigue, and the weight of complex evidence—reminding us that justice often depends as much on psychology as on the law.

Jury Composition, Education, and External Influences

Juror demographics, including age and education level, are correlated with hung jury frequency, with younger and less educated jurors more prone to deadlock

Jury Composition, Education, and External Influences Interpretation

The data suggests that in the courtroom, youthful exuberance and limited academic coursework may be more likely to produce a hung jury, highlighting the subtle yet impactful influence of juror demographics on trial outcomes.

Jury Deadlock and Hung Jury Incidence

Approximately 10-20% of criminal trials result in hung juries
Hung juries occur in about 5-15% of criminal trials
Jurors vote to deadlock in about 85% of hung jury cases
In federal courts, hung juries account for roughly 7-9% of trials
The incidence of hung juries is higher in complex cases compared to straightforward cases
Jury deadlock (hung jury) is most common in criminal cases involving serious felonies
During the 2000s, the percentage of hung juries in federal cases decreased slightly with improved jury instructions
Jury education programs aimed at reducing deadlocks have shown mixed results, with some jurisdictions reporting a decline in hung juries
The presence of alternate jurors can influence the final outcome, with some studies showing higher retrial conviction rates
The average length of jury deliberation before a hung jury is approximately 3 days
The use of specialized juror questionnaires can help reduce the likelihood of deadlocks
Hung juries are rarely declared in plea bargain cases, but more common in jury trials with contested legal facts
The rate of hung jury declaration has declined over recent decades in several jurisdictions, possibly due to changes in legal procedures
Advances in forensic evidence have decreased the likelihood of hung juries in criminal trials
The presence of split jury opinions often leads to hung jury outcomes, especially in divided communities
Jurors holding strong pretrial opinions are more resistant to compromise, increasing hung jury risk
Some jurisdictions have implemented 'bifurcated trials' to reduce the chances of a hung jury, with mixed success
Training lawyers and judges thoroughly in jury law and procedures correlates with fewer hung juries
Hung juries tend to increase the overall cost of the judicial process by necessitating new trials, estimated additional costs often surpassing millions of dollars
Certain legal reforms, such as reducing the required unanimity, have been shown to decrease the rate of hung juries
Hung juries tend to occur more frequently in cases with conflicting expert testimonies, leading to jury confusion or indecision

Jury Deadlock and Hung Jury Incidence Interpretation

Despite efforts to streamline jury decision-making, the persistent 5-15% occurrence of hung juries underscores that even in a world striving for unanimity, the path to justice remains often divided, especially when complex cases and conflicting expert opinions fuel deadlock rather than resolution.

Jury Deadlock and Hung Jury Incidence, Factors Influencing Hung Juries and Deliberation

Juror survey studies show that hung juries often occur due to a small minority holding out for acquittal or conviction

Jury Deadlock and Hung Jury Incidence, Factors Influencing Hung Juries and Deliberation Interpretation

The statistics reveal that hung juries often hinge on a stubborn minority, reminding us that sometimes, justice depends on the tiniest of voices—either to free or to convict.

Jury size and deadlock likelihood

Jury size can influence hung jury occurrence, with larger juries statistically less likely to deadlock

Jury size and deadlock likelihood Interpretation

While bigger juries may seem like a democratic ideal, their lower propensity for deadlock suggests that size may be a key ingredient in striving for a definitive verdict rather than a perpetual impasse.

Legal Procedures and Jurisdictional Variations

Some states have specific laws limiting the number of retrials after a hung jury
Jury unanimity requirements vary by jurisdiction, impacting the likelihood of hung juries

Legal Procedures and Jurisdictional Variations Interpretation

While some states have put a cap on retrials and stringent unanimity rules sway the jury's destiny, these legal nuances underscore that justice can be as much about geography as about evidence.

Retrial Outcomes and Success Rates

The success rate of retrials after a hung jury varies between 60-75%
Retrial after a hung jury often results in convictions approximately 40-60% of the time
Approximately 70% of hung jury cases result in plea bargains rather than retrial
The average duration before a retrial following a hung jury is about 4-6 months
Retrial success after a hung jury is more likely if the case has strong prosecutorial evidence
The rate of retrial success after a hung jury varies geographically, with some states experiencing higher conviction rates

Retrial Outcomes and Success Rates Interpretation

While a hung jury often pushes defendants into plea bargains rather than retrials, when cases do proceed and the evidence is strong, success rates in securing convictions hover around 60-75%, reminding us that justice’s final chapter often hinges on the weight of the proof and jurisdictional nuances.

Retrials after a hung jury often involve jury instructions that clarify the requirements for conviction into one of these categories: Jury Deadlock and Hung Jury Incidence, Factors Influencing Hung Juries and Deliberation, Retrial Outcomes and Success Rates, Legal Procedures and Jurisdictional Variations, Jury Composition, Education, and External Influences

Retrials after a hung jury often involve jury instructions that clarify the requirements for conviction

Retrials after a hung jury often involve jury instructions that clarify the requirements for conviction into one of these categories: Jury Deadlock and Hung Jury Incidence, Factors Influencing Hung Juries and Deliberation, Retrial Outcomes and Success Rates, Legal Procedures and Jurisdictional Variations, Jury Composition, Education, and External Influences Interpretation

Retrials after a hung jury typically serve as a judicial encore where jury instructions are sharpened, echoing the notion that clarity in law is essential for a definitive verdict.