If Jurors Cannot Agree, Will the Judge Force Them to Reach a Verdict?

Judges can generally encourage—but not force—criminal juries to render judgment.

By , Attorney UC Law San Francisco
Updated 9/06/2024

Defendants have a right to a unanimous verdict in both federal and state criminal trials. In other words, each and every member of a given jury must agree in order to acquit or convict the defendant. It's not uncommon for a criminal jury to be close to a verdict but have a few hold-outs.

If the jurors' deliberations have stalled, a judge might step in. Judges can't force juries to reach verdicts, but they can apply a little pressure when the jury has deliberated and reported back that it's at an impasse.

When a jury claims that it can't reach a verdict, a judge may employ the "dynamite charge," intended to blast the jurors out of their deadlock. It's an instruction that urges the jurors to try to come to a verdict; it usually tells them to examine the case's issues and reconsider their opinions and those of other jurors. But judges must be careful not to go too far—appeals courts will overturn convictions where judges have coerced juries into verdicts.

Further Reading
Jury Selection in Criminal Cases
Jury Nullification: Cause and Effect
What Happens When Jurors Sleep or Don't Pay Attention?
Updated May 24, 2024
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