Legal Question in Criminal Law in California

Re: Hung Jury

In a criminal trial it takes all 12 jurors voting for guilty to be a verdict of guilty. A mistrial is when the judge declares that something has happened that will so prejudice one or the other side that there can not be a fair trial. In a criminal case the defendant may request that the trial go on and suffer the consequences. The side (attorney) that causes the mistrial may be subject to fines or other penalties levied by the judge. there may be numerous hung juries and mistrials. There is no limit to the number of either other than the economics of several trials to convict one person. The more important the trial (issues like murder) the more likely the D. A. is going to ask for a re-trial. Normally with hung jury the D. A. will question the jurors. And attempt to find out if there's a chance of winning a re-trial on the second (or more) trial(s). The judge acts as the 13th juror and may overturn the jury's verdict. However, the judge then can only order a new trial.