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appa-ate-momo OP t1_j2a0min wrote

Reply to comment by A_Garbage_Truck in ELI5: Why aren't there more hung juries? by appa-ate-momo

But how do juries so consistently avoid the problem of one random person just not being convinced of guilt while everyone else is sure the crime was committed?

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Ansuz07 t1_j2a149x wrote

It is primarily due to the fact that prosecutors have broad discretion in what cases get brought to trial - they rarely bring cases where guilt is in question, as acquittals look bad on their record. In cases where a guilty verdict may be questionable, they will plead the person down on lesser charges or simply not bring it to trial at all.

For this reason, upwards of 94% of cases brought to trial result in convictions on some or all charges - the prosecutors simply don't press the other cases.

There is also an extensive jury selection process pre-trial, where the prosecution can exclude jurors they feel would be unable to render a fair decision after viewing all of the evidence.

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phadrus56 t1_j2a0wj0 wrote

If the judge feels they should be able to reach a unanimous decision he will send them back to deliberate more.

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