When it becomes clear that a jury is deadlocked, the judge usually follows a sequence like this:
- Asks the jury to keep deliberating: The judge may encourage the jurors to continue talking and try to reach agreement.
- Gives a “dynamite” or Allen-type instruction: In some jurisdictions, the judge gives a special instruction urging jurors to listen to each other, reconsider their views, and make every reasonable effort to reach a verdict—without giving up their honest beliefs.
- Receives another deadlock note: If the jury still cannot agree after more deliberation, they may send another note saying they are stuck.
- Declares a mistrial: If it becomes clear that further deliberation is unlikely to help, the judge will declare a mistrial due to a hung jury and discharge the jurors.
