Hung jury: Difference between revisions

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One proposal for dealing with the difficulties associated with hung juries has been to introduce [[supermajority]] verdicts to allow juries to convict defendants without unanimous agreements amongst the jurors. Hence, a 12-member jury that would otherwise be deadlocked at 11 for conviction and one against, would be recorded as a guilty verdict. The rationale for majority verdicts usually includes arguments involving so-called 'rogue jurors' who unreasonably impede the course of justice. Opponents of majority verdicts argue that it undermines public confidence in criminal justice systems and results in a higher number of individuals convicted of crimes they did not commit.
 
In United States military justice, there are no hung juries. If the threshold for a conviction is not met, the defendant is acquitted. Article 52 of the [[Uniform Code of Military Justice]] (10 U.S.C. Chapter 47) Article 52 specifies the minimum number of court martial panel members required to return a verdict of guilty. In a capital case, a unanimous vote of all panel members is required to convict on a capital charge. In all other cases, only a three-fourths vote is required to convict. Additionally, the [[Manual for Courts-Martial]] requires only a judge and a specified number of panel members in all non-capital cases (eight for a general court-martial or three for a special court-martial; no panel is seated for a summary court-martial). In capital cases, a panel of 12 members is required.
 
===Hung jury in capital sentencing===