Hung Jury Procedures: Critical California vs. New York Differences
What happens after a hung jury? The prosecution can usually retry the case, explains San Bernardino attorney Kirk Tarman—but not indefinitely. He notes hung juries are fairly common, perhaps 10–15% of trials, and often amount to a win for the defense, since even one holdout signals reasonable doubt. The jury's split heavily influences whether prosecutors refile or drop it.
Excerpt summaries from the video and transcripts · how we make them
Answered by Kirk Tarman · San Bernardino County, CA
Highlights
— how a prosecutor adds lesser charges as a fallback for the jury
— why the defense sometimes wants those lesser charges included
— the prosecution's options after a hung jury, including retrial
— why they pick jurors who are leaders and think for themselves
— why a hung jury can still be a win: one juror saw reasonable doubt
Frequently Asked Questions
What happens after a hung jury?
The prosecution can usually retry the case, but not indefinitely—hung juries are fairly common, perhaps 10 to 15% of trials, and often amount to a win for the defense.
Why add lesser charges for the jury?
A prosecutor adds lesser charges as a fallback so the jury has an option short of the top charge if they can't agree on it.
Why might the defense want lesser charges?
Because a lesser charge can give the jury a reasonable off-ramp to a lighter conviction rather than the most serious count.
What jurors do they look for?
Leaders who think for themselves, since a strong, independent juror can hold firm.
Is a hung jury a defense win?
Often yes—even one holdout signals reasonable doubt, and the jury's split heavily influences whether prosecutors refile or drop it.
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