POTTSVILLE - A hung jury, like the one that resulted Tuesday from the trial of Julius C. Enoe, does not satisfy either side.
It is a jury that cannot render a unanimous verdict, as any in a criminal case is required to be, on some or all of the charges against the defendant.
Juries can render partial verdicts by finding a defendant guilty or not guilty of some of the charges, and be hung on other charges. That mixture can include conviction on some charges, acquittal on others and no verdict - being hung - on still others.
If a case ends in a partially or fully hung jury, however, it does not mean the defendant goes free.
Prosecutors can retry a defendant on the charges on which a jury is hung without violating the constitutional ban on double jeopardy because there was no verdict on those charges.
If there is a conviction on some of the charges, the defendant can be sentenced on them. Often, however, the court will delay sentencing until after the second trial is held, since a conviction in the second trial on other charges can affect the possible sentence that can be imposed.
- Peter Bortner
