If a grand jury is not summoned, the judge will review the evidence and make a ruling (in the grand jury's place).The judge can either:Allow the formal charges to stand, which means the defendant will stand trial.Or, the judge can dismiss the case.
We told the judge we were a hung jury.
The expression in the US is that it is a "hung jury" which means there will have to be a new trial.
judge can mistrila or ask the jury for more deliberation
Yes they can.
A hung jury occurs when the members cannot reach a unanimous verdict. In such cases, the judge may declare a mistrial, and the case may be retried with a new jury.
No. The defendant still remains charged with the same offense unless the charge is dismissed by the judge. Whatever the defendants status was before the hung-jury trial will remain the same until the court takes action to either dismiss the charge or re-schedule a new trial.
If a defendant is eligible for a bench trial or trial by judge, the magistrate then has the authority to dismiss charges against the accused if evidence warrants it. If the defendant issues a written statement that he or she wishes to forgo a jury trial, the government agrees and the court approves, a bench trial can convene.
The jury cannot not declare itself "hung." The jury will make, or take, as many votes as it necessary to resolve the issue. Only the judge can declare a jury at an impasse (hung) and the judge will decide when the jury7 has deliberated long enough, and when sufficient votes have been taken.
No, lawyers do not have the power to remove a judge.
If the jury cannot reach a verdict, the judge may find them to be a hung jury and declare a mistrial.
I think the word "evidence" is mis-used in the question but, yes, unless the judge rules that information inadmissable, the jury can be advised that they are re-trying a case that originally resulted in a hung jury.