Deadlocked Jury How Common Are Hung Juries In High Profile Murder Cases

An overview of hung jury rates, why they happen more often in serious murder trials, and what typically happens after a mistrial.

What Is a Hung Jury?

A hung jury—also called a deadlocked jury—occurs when jurors cannot reach the required unanimous verdict (or, in some jurisdictions, the required supermajority) after extended deliberation. When this happens, the judge usually declares a mistrial, meaning the trial ends without a conviction or acquittal.

Importantly, a hung jury does not mean the defendant is innocent. Legally, it simply means the jury was unable to agree on an answer. Because double-jeopardy protections generally do not apply to genuine deadlocks, prosecutors can usually choose to retry the case with a new jury.

How Common Are Hung Juries Overall?

Across all criminal trials in the United States, hung juries are relatively uncommon but not rare. Studies and court statistics suggest:

• Approximately 5% to 6% of all criminal trials end in a hung jury.
• Some broader analyses put the average hung-jury rate in state courts around 6.2% nationwide.
• Other long-term studies find hung-jury rates closer to 2% to 3%, depending on jurisdiction and case type.

The exact figure varies by state, court system, and the types of charges involved, but a reasonable rule of thumb is that roughly 1 in 20 criminal trials may end with a deadlocked jury.

Hung Juries in Murder Trials

Murder cases—especially those involving first-degree murder and life-altering penalties—tend to have higher hung-jury rates than the average criminal trial.

One classic study of jury behavior found that:

• Juries hung on at least one count in about 13% of all cases studied.
• Murder cases made up 13% of the total caseload but accounted for 24% of all hung juries, meaning they were disproportionately likely to deadlock.

More recent commentary on high-profile murder trials often cites figures in the range of up to 10% of murder cases ending in a hung jury, particularly in emotionally charged or heavily publicized proceedings.

Why Are Hung Juries More Common in High-Profile Murder Cases?

Several factors make serious murder trials more prone to deadlock:

• Severity of the charge: First-degree murder can carry life imprisonment or even the death penalty, raising the stakes and making jurors more cautious about convicting.
• Complex or conflicting evidence: Studies suggest that evidence problems—such as contradictory testimony, forensic disputes, or credibility issues—contribute to the majority of hung juries. One analysis attributed about 71% of deadlocks to evidence-related concerns.
• Emotional intensity: Cases involving child victims, domestic violence, or graphic details can create strong emotional reactions that make consensus harder to achieve.
• Media attention and public pressure: In high-profile cases, jurors may feel added stress knowing their decision will be widely scrutinized, which can both harden positions and increase reluctance to compromise.
• Mental health and intent issues: Trials where the central question is not “Did the defendant do it?” but “Was the defendant legally responsible?”—for example, due to claims of postpartum psychosis or insanity—often produce deep splits between jurors who emphasize accountability and those who emphasize diminished capacity.

What Happens After a Hung Jury?

When a jury is truly deadlocked, the judge typically follows a sequence like this:

• Additional deliberation: The judge may ask the jury to keep trying, sometimes giving a special instruction (such as an Allen charge or, in Massachusetts, a Tuey–Rodriguez charge) to encourage further discussion.
• Second or third deadlock note: If the jury sends another note saying they still cannot agree, the judge may allow one more round of deliberation, depending on local rules.
• Mistrial declaration: If the jury remains deadlocked after these efforts, the judge can declare a mistrial due to a hung jury.

After a mistrial, the case essentially resets: there is no conviction and no acquittal, and the defendant remains in a pre-verdict legal status. Prosecutors then face several options:

• Retrial: The most common outcome in serious cases. The state can file the charges again and try the case before a new jury, presenting witnesses and evidence a second time.
• Plea agreement: To avoid the cost and emotional toll of another trial, the prosecution and defense might negotiate a plea deal, often on reduced charges.
• Dismissal: In theory, prosecutors can drop the charges, though this is highly unlikely in high-profile murder cases unless the evidence has significantly weakened.

A mistrial caused by a hung jury is not a conviction, but it generally is not an acquittal either. The prosecution will ordinarily have the option of trying the case again.

Examples from Recent High-Profile Cases

Recent years have seen several well-known murder trials end initially in hung juries before being retried or resolved differently. For example:

• The Karen Read murder trial in Massachusetts ended in a hung jury in 2024, resulting in a mistrial. A second trial in 2025 ultimately led to an acquittal on the most serious charges, illustrating how outcomes can change dramatically between the first and second proceedings.
• Other state and federal murder cases have similarly seen retrials after deadlocks, with some ending in convictions and others in acquittals or plea deals.

These cases underscore a key point: a hung jury in a high-profile murder trial is unusual enough to draw attention, but far from unprecedented in the American legal system.

Key Takeaways

• Hung juries occur in roughly 5% to 6% of criminal trials overall, with some studies showing rates between 2% and 6.2% depending on jurisdiction.
• Murder trials are more likely than average to end in a deadlock, accounting for a disproportionate share of hung juries.
• High-profile cases—with intense media coverage, complex evidence, and severe penalties—are especially prone to splits among jurors.
• A hung jury leads to a mistrial, not an acquittal; prosecutors can usually retry the case with a new jury.
• Outcomes after retrial vary widely: some defendants are convicted, some acquitted, and some cases end in plea agreements or dismissals.