NCJ Number
46839
Journal
Judicature Volume: 61 Issue: 3 Dated: (SEPTEMBER 1977) Pages: 129-134
Date Published
1977
Length
6 pages
Annotation
HUNG JURIES IN THE SUPERIOR COURTS OF THE 10 MOST POPULATED COUNTRIES IN CALIFORNIA WERE STUDIED FROM 1971-1973 TO DETERMINE THE EFFECTS ON THE FELONY TRIAL COURT SYSTEM.
Abstract
THE DATA WERE ORGANIZED INTO GROUPS DEALING WITH HUNG JURY FREQUENCY AND HUNG JURY EFFECTS. THE VARIABLES INCLUDED DEFENDANT DEMOGRAPHIC DATA, CRIME TYPE, JUROR DISAGREEMENT BY FINAL VOTE SPLIT, DISPOSITION AFTER MISTRIAL, DAYS OF TRIAL, AND JURY DELIBERATION TIME. DATA WERE COLLECTED THROUGH A CASE-BY-CASE STUDY OF THE JUDICIAL AND PROSECUTORIAL RECORDS IN EACH COUNTY. UNDER CALIFORNIA LAW, A HUNG JURY OCCURS WHEN, IN THE JUDGMENT OF THE COURT, THE JURY HAS DELIBERATED FOR A PROPER AMOUNT OF TIME AND HAS BEEN DISCHARGED AS THERE APPEARS TO BE NO REASONABLE PROBABILITY THAT THE JURY CAN AGREE ON A VERDICT. DURING THE PERIOD OF STUDY, A LITTLE MORE THAN 12 PERCENT OF THE FELONY CASES RESULTED IN HUNG JURIES. HUNG JURY DEFENDANTS WERE NOT VERY DIFFERENT FROM OTHER DEFENDANTS. IF THERE WAS A TYPICAL HUNG JURY DEFENDANT, HE WAS A YOUNG MALE WHO WAS JUST AS LIKELY TO BE WHITE AS BLACK. A HIGH PROPORTION OF THE HUNG JURY CASES REPRESENTED CRIMES AGAINST PROPERTY OR PERSONS AND SEX AND DRUG-RELATED OFFENSES. THE JURIES APPEARED TO DISAGREE IN FAVOR OF CONVICTION MORE THAN TWICE AS OFTEN AS IN FAVOR OF ACQUITTAL. NEARLY TWO-FIFTHS OF ALL THE JURIES RESULTED IN AN 11-1 OR 10-2 SPLIT. A TREND ANALYSIS OF THE TIME-SERIES HUNG JURY AND VERDICT DATA WAS MADE WHICH INDICATED THAT THE HUNG JURY RATE HAS BEEN INCREASING SLIGHTLY OVER THE PERIOD OF STUDY, BUT IT WOULD TAKE AN ADDITIONAL 9 YEARS FOR THE AGGREGATE RATE TO INCREASE 1 PERCENT. WHEN A MISTRIAL DID OCCUR, 40 PERCENT OF THE CASES WERE DISMISSED; 34 PERCENT WERE RESOLVED BY GUILTY PLEAS; AND 26 PERCENT WERE RETRIED. WHEN THERE WERE RETRIALS, 18 PERCENT WERE CONVICTED, AND 8 PERCENT WERE ACQUITTED. AS A RESULT OF THIS STUDY, THE CALIFORNIA FELONY TRIAL COURT SYSTEM WAS NOT FOUND TO BE INEFFECTIVE BECAUSE OF HUNG JURIES. THE PRICE OF HUNG JURIES WAS FOUND TO BE AN ACCEPTABLE ECONOMIC BURDEN WHEN MEASURED AGAINST TOTAL CRIMINAL JUSTICE COSTS. RESEARCH TO DETERMINE WHY JURORS DISAGREE IS RECOMMENDED. ONCE THIS IS DETERMINED, THE DESIRABILITY OF PERMITTING NONUNANIMOUS VERDICTS OR REDUCTIONS IN THE SIZE OF THE JURY CAN BE ASSESSED, AN ACTION THAT COULD RESULT IN ELIMINATING AS MANY AS 40 PERCENT OF HUNG JURIES. NOTES ARE PROVIDED. CHARTS AND GRAPHS ARE INCLUDED. (JSP)