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Originally Posted by asha That’s kind of what I was thinking also PL. So I have another question which I’m sure you will know. When the Allen Charge is used and they still declare a mistrial, and say the trial was long, tedious, and costly, like many are, how likely is the state to retry it or do they just look at who was holding out and go from there? Like say only one or two or even less than half were in favor of a "not guilty" will they most likely retry? I would assume that bothe defense and the prosecution can question the jurors at that point about what worked for them and what created doubt? |
The decision to retry or not lies withthe prosecution only -- I've seen it go both ways.
A deadlocked jury is usually not questioned by either side to determine what made them disagree.