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If the jury cannot agree on all counts as to any defendant, the jury may return a verdict on those counts on which it has agreed. If there are multiple defendants, the jury may return a verdict at any time during its deliberations as to any defendant about whom it has agreed. The Federal Rules of Criminal Procedure state, "The verdict must be unanimous. Some jurisdictions permit the court to give the jury a so-called Allen charge, inviting the dissenting jurors to re-examine their opinions, as a last-ditch effort to prevent the jury from hanging. Supreme Court ruled that a jury must vote unanimously to convict in any criminal offense that requires a jury trial. Louisiana, which was historically influenced by the French civil law system, and Oregon used to allow 10–2 majority verdicts but in the 2020 case Ramos v. A hung jury results in a mistrial, and the case may be retried ( United States v. Majority verdicts are not allowed in criminal cases in the United States. It is possible to have a hung jury if there is a tied vote after three hours' deliberation. In civil cases there is a jury of 12, with a minimum of 10 needed to continue the trial. If jurors drop out because of illness or another reason, the trial can continue with a minimum of 12 jurors, but the support of eight jurors is still needed for a guilty verdict anything less is treated as an acquittal. Juries consist of 15, and verdicts are decided by simple majority (eight) of the initial membership. It is not possible to have a hung jury in Scotland in criminal cases. The protocol is followed separately for each charge. When the jury is called to deliver a verdict after majority directions have been given, a careful protocol of questions is followed: only in the event of a guilty verdict is it then asked whether or not all jurors were agreed on that verdict, to prevent any acquittal from being tainted by it being disclosed that any jurors dissented. If they fail to reach a unanimous verdict, the judge may later (after not less than two hours ) give directions that a majority verdict will be acceptable, although the jury should continue to try to reach a unanimous verdict if possible. Initially, the jury will be directed to try to reach a unanimous verdict. Failure to reach this may lead to a retrial ( R v. If fewer jurors remain, majorities allowed are 11–0, 10–1, 10–0, 9–1 and 9–0. In England and Wales a majority of at least 10 votes out of 12 is needed for a verdict.
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If the retrial also results in a hung jury, the case must be referred to the Solicitor-General, who will generally issue a stay of proceedings unless there are compelling reasons to proceed with a third trial. If the jury fails to reach either a unanimous or majority verdict after a reasonable time, the presiding judge may declare a hung jury, and a new panel of jurors will be selected for a retrial. 11–1 with a full jury) in civil cases, a three-quarters (75%) vote is needed (i.e. In criminal cases, an all-but-one vote is needed (i.e. If the jury cannot reach a unanimous verdict after a reasonable time given the nature and complexity of the case (but not less than four hours), then the court may accept a majority verdict. In New Zealand, the jury must initially try to reach a unanimous verdict. a 5–1 vote) the dissenter can be ignored with the majority opinion becoming the final verdict. In civil cases, only six people are necessary for a jury, and if there is only one dissenter (i.e.
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Each jury in criminal courts contains 12 jurors. A new panel of jurors will be selected for the retrial. If the jury cannot reach a unanimous decision, a hung jury is declared. In Canada, the jury must reach a unanimous decision on criminal cases. In Australia, until the advent of majority juries, a unanimous verdict had to be reached in criminal trials.