To play devils advocate, if unanimity is required for guilt why doesn’t lack of ...

md_ · on July 15, 2022

Sure, maybe. I guess you can argue two things:

1. That outcomes should be binary, i.e. "guilty" or "innocent" with no mistrials. 2. That outcomes should be decided by unanimous, supermajority, majority, or some other arrangements.

I don't think either of those arguments are especially fundamental. My point was only that it's a bit hyperbolic to view the whole hung jury rule as some sort of Bill of Rights violation.

jjoonathan · on July 15, 2022

The high bar for acquittal is what makes the hung jury rule look like a Double Jeopardy problem.

xhkkffbf · on July 15, 2022

It gives too much power to one person. It only takes one hold out to hang a jury.