Video: Hung Juries And What It Means For A Trial

STARKVILLE,Miss(WCBI)—Being in court everyday, sorting through evidence and hearing testimony can give jurors all the information needed to determine whether a person is guilty or innocent.

On occasion, juries sometimes can’t seem to make up their minds.

Wednesday The State of Mississippi presented it’s case against Traveil Hicks for arson and the capital murder of Gwen Roberson. We learned last night the trial resulted in a hung jury and that’s raising many questions about what that actually means.

“A hung jury is when there are twelve people on a jury all 12 people don’t agree and they explain to the judge that they don’t agree. The judge asks them if there a possibility of you agreeing and they will say no and once there reached the point where there’s no likely hood of them reaching and agreement the jury then is considered a hung jury,”said Starkville Defense Attorney Jeff Hosford.

Following a hung jury, the judge declares a mistrial.

“Once they do that the jury is released and it’s up to the prosecution to determine what they want to do next,”said Hosford.

Hosford says the decision prosecutors make on whether to go back to trial can be a costly one.

” The typical budget for the court is basically set up already. That’s the cost factor that people put into play when they start deciding whether to retry these people. Typically it depends on what the prosecutor thinks if you have an 11-1 jury the prosecutor might think they have a very good chance of prosecuting where as you have five people that found him guilty and seven people who says he’s not guilty. The prosecutor might think it financially and proof wise it’s not a viable case any more,” said Hosford.

Hosford says the most common misconception with a hung jury is..that means the defendant is free to go.

“Once you’ve been tried of a crime and acquitted they cant re try you again in america. A hung jury means that you are free but you can be prosecuted again because jeopardy didn’t attach and that means you were never found not guilty,”said Hosford.

According to District Attorney Scott Colom, In the case of The people v. Hicks… there will be retrial… the date has not been decided .