In legal systems, the procedure for handling a failure to appoint a jury or an omission to return a verdict can vary depending on the jurisdiction and the specific circumstances of the case. However, I can provide you with a general overview of the common procedures that may be followed in such situations. Please note that this information is not specific legal advice, and consulting an attorney or legal expert in your jurisdiction is recommended for precise guidance.
Failure to Appoint a Jury:
- Jury Selection: Generally, the process of appointing a jury begins with the selection of potential jurors through a summons or other means. The selection process involves questioning potential jurors (voir dire) and eliminating individuals who are disqualified or have biases that may affect their impartiality.
- Insufficient Jurors: If an insufficient number of jurors is available for the trial due to challenges during jury selection or other reasons, the court may take steps to ensure a proper jury is in place. This could involve extending the jury selection process, summoning additional jurors, or other remedies depending on local rules and procedures.
- Mistrial: If it is determined that a fair and impartial jury cannot be empaneled, the court may declare a mistrial. A mistrial essentially cancels the current trial, and the case may be scheduled for a retrial with a new jury.
Omission to Return a Verdict:
- Deadlock: In some cases, the jury may reach a point where they are unable to reach a unanimous or majority verdict. This situation is often referred to as a “hung jury” or a “deadlock.”
- Jury Deliberations: When a jury becomes deadlocked, the court may give them further instructions to continue their deliberations and attempt to reach a verdict. The court may also inquire about the nature of the deadlock, although the extent of judicial intervention in the deliberation process varies by jurisdiction.
- Mistrial: If the jury remains deadlocked and cannot reach a verdict, the court may declare a mistrial. A mistrial in this situation means that the trial is considered incomplete, and the case may be scheduled for a retrial with a new jury.
- Discharge of the Jury: Following a mistrial, the jury is typically discharged from its duties, and a new jury may be selected for the retrial.
It’s important to note that the specific procedures and terminology used can vary significantly depending on the legal system and jurisdiction. It is crucial to consult the applicable laws, rules, and local procedures to understand the precise steps and consequences in a particular case.