When a jury cannot agree, people often assume the defendant walks free. That is not how it works. A hung jury leads to a mistrial, and a mistrial puts the case back where it started, with the prosecution deciding what to do next.
The Lindsay Clancy trial in Massachusetts is the latest example. After about 40 hours of deliberation, eleven jurors favored a finding of not guilty by reason of lack of criminal responsibility and one held out for first-degree murder. Daniel Rosenberg and Michael Dye broke down that split on Episode 90, and our report on the verdict covers the trial itself.
Why one juror can stop a verdict
Federal criminal trials require a unanimous verdict, and since the Supreme Court's 2020 decision in Ramos v. Louisiana, so do state trials for serious crimes. If even one juror cannot be moved, there is no verdict either way.
Before declaring a mistrial, a judge may send the jury back with what lawyers call an Allen charge, named for an 1896 Supreme Court case. It asks jurors in the minority to reconsider their views with an open mind, without giving up an honest conviction. Defense lawyers watch these instructions closely because they can push a holdout toward the majority.
Is a retrial double jeopardy?
No. The Constitution bars trying someone twice for the same offense after an acquittal or conviction, but a hung jury produces neither. Courts have held since the 1800s that a genuinely deadlocked jury is a manifest necessity that allows a new trial.
The options on the table
After a mistrial, prosecutors usually choose one of three paths. They can retry the case, often with adjustments based on what they learned the first time. They can offer a plea deal. Or they can dismiss the charges.
The jury split weighs heavily on that decision. An 11 to 1 vote for the defense signals that a second jury may land in the same place, while a split in the prosecution's favor encourages another try. In an insanity case like Clancy's, there is a fourth consideration, because a finding of lack of criminal responsibility can lead to civil commitment in a psychiatric facility rather than prison.
For the evidence behind the defense, see the postpartum psychosis breakdown from Episode 85. Daniel and Michael walk through that difference, the Massachusetts insanity standard and the defense strategy at trial in the full episode.
Two Taps News stories summarize reporting and the analysis discussed on Two Taps and Friends. They are not legal advice. Read our standards.
