Rogue Jurors and Holdouts: What Happens When a Jury Can’t Agree

In a criminal trial, one juror can prevent a verdict by refusing to join the others, because the jury must agree unanimously to convict. The requirement applies in both state and federal cases under the Sixth and Fourteenth Amendments, and criminal juries generally consist of 12 members. A judge may declare a mistrial when deliberations show the jury is genuinely deadlocked, allowing the case to be retried.

When both parties rest their cases at the end of a jury trial, the jury must deliberate and reach a verdict. During jury deliberations, one holdout juror can hold enormous power over a trial’s outcome. You may have seen news reports on the highly publicized Lindsay Clancy trial that ended in a mistrial after jurors could not reach a unanimous verdict after seven days of deliberation. Criminal verdicts demand agreement, and even one person can change everything.

If you or a loved one faces a jury trial in a criminal case, you will want an experienced criminal defense attorney to advocate for you in court. They can help you understand how criminal trial procedure works in your case.

Does the Jury Have To Be Unanimous?

In criminal trials, the jury must reach a unanimous decision; this applies to both state and federal cases. The Constitution does not require 12 jurors, although federal criminal juries generally have 12 jurors and state jury-size rules vary.

Recent U.S. Supreme Court precedent has held that the Sixth and Fourteenth Amendments require unanimous verdicts to convict a criminal defendant.

Can One Juror Really Stop the Others from Reaching a Verdict?

When one juror takes a stand and fails to join the majority, it can derail consensus. That disagreement can lead the judge to declare a hung jury.

In a criminal law case, a single holdout juror can prevent a unanimous verdict, and the prosecution may seek a retrial after a hung jury, although it may also dismiss the charges or resolve the case another way.

However, when a juror disagrees with the others, it does not necessarily mean the dissenting juror is engaging in misconduct. In some cases, disagreement is simply part of the deliberative process.

Can a Judge Remove a Holdout Juror?

A judge can remove a holdout juror, but the threshold is high. They can’t remove a juror for simply disagreeing with the majority.

The threshold requirement is whether the juror is unable or unwilling to perform their duties for a valid reason. When this occurs, an alternate juror typically steps in when available.

What Happens if a Juror Refuses To Follow the Law?

When a juror refuses to follow the law, jury nullification can occur. There’s a difference between a genuine disagreement and refusing to apply the law as instructed. When a juror openly rejects or refuses to follow the law, the judge will look into the issue further and consider removing the juror.

A balance exists between a juror’s independence and their sworn obligation to follow the court’s instructions.

How Can a Judge Tell Disagreement from Juror Misconduct?

Disagreements during deliberations are expected and are not always apparent to the judge because jury deliberations are private. Disagreements can involve facts, a witness’s credibility, or how a legal standard applies to the case. These are all legitimate reasons for dissent.

On the other hand, a judge could find jury misconduct when the juror:

• Ignores evidence
• Refuses to deliberate
• Relies on outside information to reach a decision

If the judge suspects misconduct, they can conduct a careful inquiry to learn more about the situation. However, they must avoid intruding on legitimate deliberations. Courts can sometimes use a “reasonable possibility” standard before removing a juror based on their view of the case.

Can Jurors Change Their Vote?

Jurors may freely change their opinion during deliberations. A juror may change their mind and go from the lone holdout to joining the majority. In fact, when jurors shift their vote as part of the deliberative process, the criminal justice system is working as intended.

Jurors are encouraged to listen, reconsider, and reason together without abandoning honest convictions. In some cases, the jury can take an informal poll to determine each juror’s position before the final verdict in open court.

Can Jurors Tell the Judge They’re Fighting?

Jurors are expected to communicate any conflict to the bench. Jurors usually do this through written notes to the judge. Common messages can include reporting a deadlock or asking for more information or clarification on jury instructions.

The judge can respond in many ways, including asking the jury to continue deliberating. Jury-to-judge communications are limited during trial, but the court may answer questions that allow the jury to move forward, such as asking for more instructions on how to weigh an insanity defense.

Does the Judge Know the Vote Count?

While the judge does not generally know the vote count during deliberations, jurors may reveal that they are deadlocked. If so, they share only that there’s a stalemate, not the vote count.

They can do this without disclosing which side holds the majority. Disclosing the exact count is discouraged and can risk influencing the outcome, particularly when the prosecution or defense holds a slight edge.

What Happens If One Juror Won’t Budge?

If the jury can’t agree on a verdict, they will let the judge know that they cannot reach a verdict. If the judge is satisfied that the jury has deliberated for long enough, the judge will declare a “hung jury.” A hung jury means that the jury is hopelessly deadlocked. It is not an acquittal or conviction, but an unresolved outcome.

In some states, the judge may send the jury back to deliberate or ask what issue is blocking them from reaching a verdict. When a jury is genuinely deadlocked and further deliberations would not be productive, the judge may declare a mistrial.

Get Legal Advice from a Criminal Lawyer

Understanding how the jury reaches its verdict — and what prevents it from doing so — is helpful if you are facing a criminal trial. Jurors must unanimously agree before returning a guilty verdict, and they may convict only if the prosecution proves guilt beyond a reasonable doubt.

Get help from an experienced advocate who can protect your rights and guide you through every step. Use the Super Lawyers directory to find a criminal defense lawyer who can evaluate your case and provide legal guidance.