NEWS RELEASE

The National Center for State Courts
300 Newport Avenue · Williamsburg, Virginia  23185

Contact:
Lorri Montgomery
Communications Manager
The National Center for State Courts
757.259.1525 or lmontgomery@ncsc.dni.us

Are Hung Juries a Flaw in Our Jury System?
National Center for State Courts Examines Causes and Effects of Hung Juries

Williamsburg, VA (Oct. 8, 2002) –  An increase of hung juries in recent years raised concern about their impact on the courts and society and prompted a study by the National Center for State Courts. The four-year project, which was completed this month, explores the frequency and causes of hung juries, and outlines solutions.  “Are Hung Juries a Problem?” is available at www.ncsconline.org/wc/publications/res_juries_hungjuriespub.pdf. 

This is the first such study of deadlocked juries, which are considered a social and monetary cost to the court system, to the involved parties, and ultimately to the community.

From their findings, National Center researchers conclude that implementing a non-unanimous verdict rule would significantly reduce the number of hung juries.  Researchers cautioned, however, that this approach has flaws because it treats the symptoms of juror disagreement and not the causes. With that in mind, they recommend better preparation and case selection by attorneys, improved methods to help jurors better understand the evidence and the law, and increased guidance for jurors about deliberations.

Researchers conducted the study using three methods:

  • a broad-based survey of hung jury rates in state and federal courts;

  • a jurisdictional study of four courts on nearly 400 felony trials that compared juries that were able to agree on a verdict to juries that deadlocked on one or more charges; and

  • a case study of hung juries from the jurisdictional study. 

In the jurisdictional study, The National Center worked with four state courts – the Superior Court of Los Angeles County; the Superior Court of Arizona, Maricopa County; the Supreme Court of Bronx County; and the District of Columbia Superior Court – to collect information about felony jury trials. These sites were selected because of court characteristics, the court’s willingness to participate, and because Los Angeles and Washington, D.C. experience relatively high rates of hung juries.

In examining the data, researchers found one or more of the following traits consistent in a hung jury compared to one that reaches a verdict:

  • weak evidence,

  • problematic deliberations; and

  • jurors’ perception of unfairness.

The National Center for State Courts, founded in 1971 by U.S. Supreme Court Justice Warren Burger, is dedicated to improving the administration of justice and provides leadership, research, technology, education and training to state courts. The National Center, headquartered in Williamsburg, Va., also has taken the lead on several key issues currently facing the justice system, such as the judicial selection process, public access to court records and pro se litigation.

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