ABA Family Legal Guide

Criminal Justice

Court Procedures

Trial

What are jury deliberations?

After closing arguments, the judge will charge the jury (give them instructions on how to apply the law to the evidence they have observed at trial). The jury then retires to a private room for deliberations, which involve discussion among the jurors as they review the evidence and attempt to reach a unanimous verdict. Deliberations are carried out in complete secrecy, to ensure fairness to the person on trial. If the jurors have questions, they may send a note to the judge, who usually will respond in writing to clear up any legal questions.

In the federal system, jury decisions in criminal cases must be unanimous. If the jury is not unanimous (if it is irrevocably divided it is called a hung jury), a mistrial is declared. The case may be retried later or dismissed.

There is more variation among the states. In felony prosecutions, juries in almost all states must reach guilty verdicts unanimously. In more than a third of the states, agreement of only three-fourths or five-sixths of the jurors is needed to render a verdict in misdemeanor cases.