Replies

"Hanging" a jury because one disagrees with a law doesn't do anyone any favors. It just feeds the ego of the one doing the "hanging". The law doesn't change, and the defendent isn't released.

I find this statement breathtakingly arrogant and ignorant. First, the defendant may not be released because he may not be in jail -- he may be and usually is out on bail!

Second, I doubt that any defendant would feel aggrieved because of a mistrial. Of course, if he does feel put upon, he can certainly plead guilty and not undergo the "ordeal" of a second trial.

There is probably a 50-50 chance that the prosecution will try a case after a first mistrial. There is rarely a prosecution after a second mistrial. So hanging a jury can indeed accomplish something meaningful for the defendant before the court, which as a juror is your primary concern.

Think about how you would feel if you were on trial for running over a kangaroo rat while mowing your property or pouring apple juice into a stream (real cases) and stood to be sent to prison for a long time and maybe the rest of your life and lose everything that you had ever worked for your entire life. Tell me that you would not want your jurors to say "This is bull$h!t" and acquit you even though you actually did do what the government said that you did.