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I would think it would be important to the State to know how many hold-outs there were. It seems like it would effect the cost/benefit analysis the State makes when deciding whether to re-try the case. It seems like it'd be more worth re-trying a case that was hung 11-1 in favor of conviction rather than if it was hung 1-11 in favor of acquittal.

So are the vote totals known in a hung jury?

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    If this information were made public as a rule, the public may use it as a measure of how guilty someone is if they were found to be not guilty, which kind of undermines the whole "innocent until proven guilty" thing (of course a lot of people might assume some level of guilt if someone is even just charged, but that doesn't mean we should make that worse). In a well-known trial, you can cause riots and death threats and things by pointing out that only 1 person caused someone to not be convinced.
    – NotThatGuy
    Commented Nov 17, 2021 at 17:41
  • @NotThatGuy I suppose it could be reported just to the parties, and not the public as a whole.
    – Ryan_L
    Commented Nov 17, 2021 at 18:22
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    as opposed to how well it's hung?
    – Möoz
    Commented Nov 18, 2021 at 23:28

4 Answers 4

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No

Jury deliberations are secret and while it might be useful to know how hung a jury was and in which direction, the information cannot be accessed without breaching the sanctity of the jury room.

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    It is not “reported” and officially known but the jurors aren’t sworn to secrecy after the trial so, in practice, it might often be known.
    – George White
    Commented Nov 17, 2021 at 1:27
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    In Colorado, jurors are invited to speak to the lawyers for the parties about their deliberations and views on the case after every jury trial. Usually at least some do, although not always (especially for high profile cases). Often they really want to discuss it and if you can as a lawyer, it is incredibly useful information to learn about what you did right and wrong at trial. But there is no official release of the information (except for special academic research arrangements with limited confidentiality).
    – ohwilleke
    Commented Nov 17, 2021 at 1:52
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    @ohwilleke Same in Maryland. I was on a jury once as an alternate, released after closing arguments before deliberations, and the lawyers talked to me about the case, and I think I provided useful feedback.
    – manassehkatz-Moving 2 Codidact
    Commented Nov 17, 2021 at 14:15
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    @GeorgeWhite in the UK, jurors are in theory prohibited from discussing anything that took place in the deliberation room even with family members. Obviously the question of how often this is enforced is another matter. gov.uk/jury-service/….
    – Tristan
    Commented Nov 17, 2021 at 15:41
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    @supercat Nope. Common law jurisdictions are unanimous on this point which is deep in their "legal DNA". The instances when any inquiry into jury deliberation for any purpose was allowed is very recent (racially discrimination within the last few years and the others basically in the 20th century).
    – ohwilleke
    Commented Nov 17, 2021 at 22:03
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Not Officially...

To prevent juror intimidation, no, these numbers are never given.

... but ...

But it is common for an attorney to flag down a juror and ask, mostly to decide whether to plan for a possible retrial or let the case go. There generally aren't rules against this, and if the juror is sympathetic to the side of the attorney, there's a decent chance they'll say.

Alternatively, defense attorneys and prosecutors are typically not unfriendly off the court and swapping notes about which jurors you think said what after the fact is not uncommon.

In short, no, the answers aren't given out, but it's usually known to far more than just the jury.

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I've been a juror on two hung juries, both in California municipal courts. In both cases, the judge asked the jury foreman to state how large the factions were without indicating which faction was which. This question was asked in open court after the jury returned from the jury room. But it was also asked, in writing, when we told the judge we thought we were hung. The instruction not to indicate which way the jury was leaning was repeated, using virtually identical language, every time the question was asked.

I believe that, if we had reported that we were split 11-1, we would have been told to deliberate for a while longer.

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There are even more explicit cases where detailed information about jurors' votes is available. One is Louisiana where the parties are entitled by law to a juror-by-juror poll on each juror's individual verdict.

My understanding is the result of the poll is part of the case transcript and is therefore in principle publicly available (at least these journalists could get their hand on some of it https://www.nola.com/article_25663280-c298-53ef-8182-9a8de046619c.html).

2017 Louisiana Laws Code of Criminal Procedure CCRP 812 - Same; polling and disposition of jury Universal Citation: LA Code Crim Pro 812 (2017)

Art. 812. Same; polling and disposition of jury

The court shall order the clerk to poll the jury if requested by the state or the defendant. It shall be within the discretion of the court whether such poll shall be conducted orally or in writing by applying the procedures of Paragraph (1) or Paragraph (2) of this Article.

(1) Oral polling of the jury shall consist of the clerk's calling each juror, one at a time, by name. He shall announce to each juror the verdict returned, and ask him, "Is this your verdict?" Upon receiving the juror's answer to the question, the clerk shall record the answer.

If, upon polling all of the jurors, the number of jurors required by law to find a verdict answer "Yes," the court shall order the clerk to record the verdict and the jury shall be discharged. If, upon polling all of the jurors, the number required to find a verdict do not answer "Yes," the jury may be remanded for further deliberation, or the court may declare a mistrial in accordance with Article 775.

(2) The procedure for the written polling of the jury shall require that the clerk hand to each juror a separate piece of paper containing the name of the juror and the words "Is this your verdict?" Each juror shall write on the slip of paper the words "Yes" or "No" along with his signature. The clerk shall collect the slips of paper, make them available for inspection by the court and counsel, and record the results. If a sufficient number of jurors as required by law to reach a verdict answer "yes" the clerk shall so inform the court. Upon verification of the results, the court shall order the clerk to record the verdict and order the jury discharged. If an insufficient number required to find a verdict answer "Yes," the court may remand the jury for further deliberation, or the court may declare a mistrial in accordance with Article 775.

Amended by Acts 1975, No. 475, §1.

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