» Jury Disagrees

What if the jury in my case does not agree on my innocence? Or Guilt? Then what happened?

In Massachusetts, the jury must everyone agrees when deciding a criminal case. If even one juror disagrees, they must continue deliberating unless the judge determines otherwise.

What is a jury?

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

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

In criminal cases, the burden of proof is a very high standard beyond reasonable doubt. The penalty for a conviction usually involves loss of liberty, including probation, payment of a fine, or time in jail or prison. Therefore, it is important to have a high burden of proof.

What happens if the jury is deadlocked?

When a jury cannot reach a unanimous verdict in a criminal case, they will notify the judge. The judge will then usually call them out of the jury deliberation room to read the rest of the jury’s instructions to them, or speak with them more informally. The judge will encourage them to resolve their differences and reach a unanimous decision. Sometimes this happens multiple times before the judge makes a final decision as to whether the jury is deadlocked.

Jurors must balance sticking to their beliefs and convictions with working with their colleagues to reach a decision. The judge attempts to encourage the jury to reach a unanimous verdict because if the jury is not unanimous, the court will declare a mistrial. A mistrial is not a verdict of guilt. This is not a liberation either. A mistrial is a trial that is canceled because the jury deadlocked or a serious procedural error occurred.

Judges do not recommend mistrials because this is an inefficient use of judicial resources. Trials in criminal cases can take days and sometimes weeks. This requires constant supervision of the judge, meaning the judge cannot attend to other court matters. It also requires constant attention from the court clerk and one or more court officers. Process of impelingor assembly, the jury also takes a lot of time. If a case results in a mistrial, the entire trial needs to be restarted.

Did the defense attorney ask for a mistrial?

Although everyone tries to avoid a mistrial, sometimes a defense attorney will request a mistrial on behalf of his or her client. A defense attorney will do this when they believe that their client’s trial has been tainted by the judge’s or prosecutor’s decisions or actions. For example, a judge might confessor allow the jury to see, evidence that the defense believes constitutes a serious legal error that has prejudiced the jury. In other words, the defense will argue that the jury is so biased by the evidence that the jury will not be able to reach a fair decision. Dismissal of proceedings is rare but is sometimes granted when the error is significant.

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

IF YOU OR A LOVED ONE HAS BEEN CHARGED WITH A CRIME, AND YOU NEED AN EXPERIENCED CRIMINAL DEFENSE ATTORNEY 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.

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