Can a hung jury trial be retried?

A hung jury leads to a mistrial, and the case can be retried with a new jury.

Can a hung jury trial be retried?
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The facts

Yes, a hung jury trial can be retried. When a jury cannot reach a unanimous verdict, the judge declares a mistrial, which means the trial ends without a conviction or acquittal. The prosecution then has the option to retry the case with a new jury. This is permissible under U.S. law, as established by the Supreme Court in United States v. Perez (1824), and does not violate the Double Jeopardy Clause because jeopardy does not attach until a verdict is reached. However, the prosecution may also choose not to retry, and instead dismiss the charges or negotiate a plea deal.

Answered by 100 of history's most famous minds

Jesus of Nazareth
Jesus of Nazareth c. 4 BC – AD 30/33 · Jewish teacher whose life founded Christianity

A judge lets them go, and you wish to chase them into the court again? When a brother sins against you and the assembly cannot agree, go to him alone, then with two or three, and if he refuses, let him be as a tax collector. But you, who are without sin, cast the first stone? Search your own heart: is it justice you hunger for, or vengeance? Let the one who has never erred demand the second trial; the rest of you, learn what mercy means, for I desire it more than your endless sacrifices.

Muhammad
Muhammad c. 570–632 · Prophet of Islam who united Arabia under one faith

When the people of a town dispute a matter, do you abandon the judgment? No, you gather the wise and seek a clearer path. A jury that cannot agree is like a cloud that blocks the sun - it does not mean the sun has ceased to shine. Let the matter be brought before new witnesses, for justice is a trust from God, and it must not be abandoned due to human weakness. Yet beware: do not pursue a second trial out of spite or pride, but only if truth and fairness demand it, and let mercy temper your pursuit, for God loves those who act justly.

Gautama Buddha
Gautama Buddha c. 563–483 BC · Sage whose awakening founded Buddhism

When the assembly cannot agree, it clings to its own opinions, bound by attachment to being right; the law, seeing this, offers a new opportunity to loosen that grip. Yet the deeper question is not whether the trial repeats, but whether minds can release their craving for a fixed outcome; only then may true justice, like a still pond, reflect what is.

Moses
Moses c. 13th century BC (traditional) · Hebrew prophet and lawgiver of the Exodus

If the elders cannot agree under the tent of judgment, the Lord who freed the captives from Pharaoh's yoke has not said 'Forever guilty,' nor yet 'Forever blameless.' The matter must be laid before the priests again, for justice is not a scorpion's sting that poisons twice, but a river that may flow a second course. Let them seek the Almighty's will with clean hands, and He will reveal it in His season.

Confucius
Confucius 551–479 BC · Chinese sage of ethics, family, and social order

When twelve gentlemen of the jury cannot agree, it is a sign that the matter has not been properly examined, and so a wise magistrate will let the case be heard anew, for a decision reached in haste is like a bridge built on sand, while patience and further inquiry build a dwelling on stone.

Paul the Apostle
Paul the Apostle c. AD 5 – c. 64/67 · Apostle whose letters shaped Christian theology

Brothers, you ask if a man may be tried twice when the first tribunal could not agree. Know that even a hung jury is no verdict of innocence, for the law is but a shadow of the Divine Court. If the apostles themselves were brought before councils and beaten, yet they returned to preach again, so too may the state press its case anew. But let each trial be weighed with justice, for God sees the heart, and no earthly repetition can weary His patience.

Abraham
Abraham c. 2nd millennium BC (traditional) · Patriarch and father of the monotheistic faiths

When the fire on the altar fails to consume the offering, the faithful do not turn away - they rebuild the stones and place the wood anew, trusting the Lord to show His will in due time. So with a divided jury: the judgment is not final, for God grants another season to seek the truth. He who promised is faithful; He will bring forth justice like the morning sun.

Laozi
Laozi 6th century BC (traditional) · Sage of the Tao and founder of Taoism

When twelve minds cannot agree, the Tao has spoken through their discord. To chase a verdict again is to grasp at the river's flow, thinking you can hold it still. Let the charges drift away like autumn leaves; the prosecution's insistence is but a stone dropped in still water, rippling outward to nowhere.

Guru Nanak
Guru Nanak 1469–1539 · Founder of Sikhism and first Sikh Guru

If twelve souls cannot agree on the truth, the truth is not yet fully known - but the Creator alone knows what is just. To retry is to seek again in sincerity, not in obstinacy. Let the court weigh the evidence as a farmer weighs his grain, without haste, for a wrong verdict is a heavier burden than any mistrial. But if the second harvest fails, let the matter rest, for the Lord's judgment transcends any earthly bench.

Mary, Mother of Jesus
Mary, Mother of Jesus c. 1st century BC – 1st century AD · Mother of Jesus, venerated across Christianity and Islam

When the elders cannot agree, a mother's heart knows the ache of waiting. My son faced such judgments, where the powerful sought his ruin, yet God turned their schemes to blessing. Let the law do what it must, but remember that every accused is a child of someone, and mercy, like a mother's love, should weigh heavier than the stones of accusation.

Martin Luther
Martin Luther 1483–1546 · Reformer whose theses sparked the Reformation

I care not for the fine points of your courts; I care for the conscience. If a jury cannot condemn, is it not God's own voice saying the evidence is not clear? To drag a man back and force him to stand accused again is to make a mockery of the promise that a man is not twice tried for the same offense. Let the prosecution look to its proofs, and if they are weak, let it repent and cease, rather than persecute the innocent a second time.

Thomas Aquinas
Thomas Aquinas 1225–1274 · Theologian who fused faith with Aristotle's reason

The principle of double jeopardy, as I understand it, guards against the oppression of repeated prosecution. Yet when a jury fails to reach a verdict, no judgment has been rendered, and the case remains unsettled. It is reasonable, therefore, that the accused may be tried again, for the first trial was not a complete act of justice but an interrupted one. Nevertheless, prudence demands that the prosecutor weigh the evidence anew and not pursue a second trial merely to exhaust the defendant, for law should serve truth, not mere persistence.

Mother Teresa
Mother Teresa 1910–1997 · Nun who served the poorest and dying of Kolkata

If the shepherds cannot agree where the lost lamb lies, they must not abandon the search - they must look again with cleaner hearts. The accused stands in the shadow, and retrial is but a second chance to see him truly, not as a number but as a soul deserving of patient love.

Isaac Newton
Isaac Newton 1643–1727 · Physicist who unified motion and universal gravitation

Consider the Inertia of Legal Proceedings: a body at rest remains at rest unless acted upon by an external force. When the jury cannot agree, the case falls back into the state of the undecided, and the prosecution may apply a new force to set it in motion again. This is no violation of the Double Jeopardy, for the first trial produced no final determination, no verdict to serve as the fixed point. As in natural philosophy, each experiment may be repeated until a clear result emerges; the law likewise seeks a stable conclusion.

Albert Einstein
Albert Einstein 1879–1955 · Physicist who reframed space, time, and gravity

Consider two clocks, set in motion from the same moment yet journeying apart - one returns, one does not; each bears its own span of elapsed time. So too with a trial: the first jury's failure is a path through spacetime that never reached a verdict, and the law permits the second attempt to begin afresh, for no definitive measurement was ever taken.

Charles Darwin
Charles Darwin 1809–1882 · Naturalist who discovered evolution by natural selection

As with the endless variations of finches, the law allows a second brood when the first fails to hatch a verdict. The evidence of the case remains, but the jury is a new specimen, and it is reasonable to let another set of minds examine it; nature itself repeats its experiments until a clear result emerges, and so does this system of justice.

Galileo Galilei
Galileo Galilei 1564–1642 · Astronomer who championed the heliocentric universe

If a lens fails to show the moon's mountains on the first viewing, the astronomer adjusts the tube and looks again - he does not declare the heavens flat. When twelve men cannot converge on one point, the experiment is not concluded; it is repeated with fresh eyes, for nature's truth does not change with the observer's fatigue. The law, like the heavens, yields its secrets to patience and a second trial.

Nicolaus Copernicus
Nicolaus Copernicus 1473–1543 · Astronomer who placed the Sun at the center

Just as the heavenly bodies do not cease their motion when an observer's calculations fail, so the pursuit of a verdict need not end when the first assembly of jurors errs; a second observation, made with clearer instruments and a new alignment of minds, may at last reveal the true orbit of justice.

Nikola Tesla
Nikola Tesla 1856–1943 · Inventor who pioneered alternating current power

Consider the oscillation of an electric current - when it fails to reach a resonant frequency, one adjusts the coil and retries the transmission. So with a hung jury: it is merely a failed harmonic, not a permanent short circuit. The prosecution may recharge its condenser and send forth a new discharge, for the first attempt was but a preliminary spark. Justice, like the alternating current, must cycle until it delivers its full power.

Marie Curie
Marie Curie 1867–1934 · Physicist and chemist who pioneered radioactivity

In the laboratory, when an experiment yields an inconclusive result, we do not discard the hypothesis - we refine our methods and repeat the trial under controlled conditions. The law, like science, insists on reproducibility and clarity; a hung jury is merely an inconclusive measurement, one that demands further investigation. Double jeopardy, correctly understood, is not violated because the first trial ended without a decisive outcome. Persistence in the pursuit of truth is a virtue in both disciplines.

Louis Pasteur
Louis Pasteur 1822–1895 · Chemist who founded germ theory and vaccination

The law, like my laboratory, demands patience and a fresh culture when the first fails to yield. A hung jury is merely a negative result - an invitation to re-examine the evidence, perhaps with new eyes, and to try again. Justice, after all, is not a single fermentation but a process of purification that may require repeated trials to achieve a clear verdict.

Thomas Edison
Thomas Edison 1847–1931 · Inventor of the practical light bulb and phonograph

A hung jury is just a filament that didn't light - you don't throw out the whole lamp, you try a different material and test again. Retry the case, sure, if there's juice left in the evidence. But if the second jury also can't agree, then maybe the charge was the wrong bulb, and it's time to shelve it and move on to a more practical innovation.

Alan Turing
Alan Turing 1912–1954 · Mathematician who founded computer science and AI

The question of retrial is a problem of probability and procedure, not of abstract justice. If the jury fails to converge on a verdict, the process has simply not terminated; it is an algorithmic fault, not a conclusion. From a logical standpoint, the retrial is a second run of the same computation, with new random inputs, which may or may not reach a final state. The Constitution's double-jeopardy clause, as I understand it, is a rule about when the machine may halt; it does not forbid another pass through the same data.

Archimedes
Archimedes c. 287–212 BC · Greek genius of mathematics and mechanics

A divided jury is like an incomplete proof - the argument has not been demonstrated. To retry the case is to set the problem before new geometers, who may through different paths reach a true solution, or may again find no solution. The law, like my lever, seeks a firm point of support; if the first jury found none, give me another fulcrum and see if the matter can be moved. It is not unjust; it is merely an unfinished computation.

Michael Faraday
Michael Faraday 1791–1867 · Self-taught pioneer of electromagnetism

If the needle trembles and settles on no verdict, the coil is not broken - it merely waits for a fresh alignment. The law, like nature, permits the experiment to be repeated; the charge is not dissipated but held in suspension until a new witness of twelve can be brought to the test.

Sigmund Freud
Sigmund Freud 1856–1939 · Founder of psychoanalysis and the unconscious mind

The hung jury, like a dream without resolution, is but a symptom of the case's unresolved tensions - repressed doubts that must be brought to light. Retrial allows the second dream to process what the first could not, yet one must ask what unconscious resistance kept the twelve from unanimity.

Stephen Hawking
Stephen Hawking 1942–2018 · Cosmologist who unveiled black holes and time

If a jury collapses into chaos like a star that cannot hold its fusion, the state may reignite it with fresh matter - there is no law forbidding a second gravitational collapse. The court's time, like the universe's, is merely a parameter that can be reset, though I'd wager the new jury will still find it hard to reach escape velocity.

Ada Lovelace
Ada Lovelace 1815–1852 · Visionary of computing and the first algorithm

When the engine of justice fails to converge on a result, it is not a flaw but a signal - the algorithm of the first trial ran without a clear output, so one may re-run it with better inputs. Yet I would ask whether the retrial should merely repeat the same steps or, like a clever programmer, seek a new subroutine to resolve the pending variable.

Euclid
Euclid c. 300 BC · Father of geometry and the axiomatic method

A hung jury is but a drawn line without a proof - a premise that has not yet yielded its necessary conclusion. The law, like geometry, permits one to begin anew from the same axioms, for a verdict is a theorem that must be demonstrated, and the second attempt is no less valid than the first.

Florence Nightingale
Florence Nightingale 1820–1910 · Founder of modern nursing and health statistics

I care not for the legal niceties; I care for the outcome. A hung jury is a broken instrument, like a hospital ward without sanitation - the disease remains, and you must continue treatment until you have a clean result. Retry it, by all means, but let the prosecution marshal its evidence as a nurse marshals her dressings: with order, with method, and with the unflinching aim of saving the patient.

Alexander the Great
Alexander the Great 356–323 BC · Macedonian king who conquered the known world

A hung jury is but an unresolved skirmish, not a decisive battle. When my men faltered at the Granicus, did I retreat? No, I regrouped and charged again, and the river ran red with their blood. So too should the prosecution renew the assault with fresh forces, for a single indecisive engagement cannot bind a king's resolve. Yet even I know when to offer terms: if the accused bends the knee and sues for peace, a treaty may be struck - but never let a mere impasse dictate the fate of your conquest.

Julius Caesar
Julius Caesar 100–44 BC · Roman general whose rise ended the Republic

The die is cast, yet not the judgment - when twelve Romans cannot agree, the case returns to the forum for a new contest. I, who have crossed the Rubicon and seen armies flee, know that victory goes to those who dare to press again; the prosecution would be a coward to sheath its sword merely because the first battle ended in a draw.

Cleopatra VII
Cleopatra VII 69–30 BC · Last pharaoh of Egypt and cunning stateswoman

A mistral wind that dies leaves no cargo in the hold, yet the merchant may weigh anchor again - no law of sun or sand forbids re-launching the ship. In Rome's courts, as on the Nile, a verdict is a treaty; until it is sealed, each side still eyes the other's spear. Strike camp, regroup, and let the second battle favor the one who learned the first.

Augustus
Augustus 63 BC – AD 14 · First Roman emperor who founded the empire

A general whose first assault falters before the ramparts does not abandon the siege; he draws back his cohorts, repairs the engines, and sends a herald to test the enemy's resolve. So in the courts of Rome, a hung jury is a pause for strategy, not a defeat - the accuser may renew the attack if the peace and custom of the Republic so advise. Yet let him weigh whether the prize is worth the blood, for a wise prince knows when to sheathe the sword.

Genghis Khan
Genghis Khan c. 1162–1227 · Founder of the largest contiguous land empire

A jury that cannot agree is like a tribe that cannot unite; as I would not leave a rebellious clan unpunished, so the law must gather new counselors and try the accused again, for without a decisive judgment, the order of the realm is weakened and the example is lost.

Napoleon Bonaparte
Napoleon Bonaparte 1769–1821 · French emperor and military genius who reshaped Europe

When my first assault on a fortress was repelled, I did not abandon the siege - I repositioned my batteries and attacked again. A hung jury is a skirmish lost, not a campaign ended. The law wisely grants the prosecutor a fresh column to march against the same redoubt, for one battle does not dictate the war. Only a fool would raise the white flag at the first indecisive engagement; a commander regroups and storms anew.

George Washington
George Washington 1732–1799 · Founding commander and first U.S. president

A hung jury is a signal that the first tribunal failed to reach that unanimity which is the cornerstone of justice. Retrial is not a violation of the law's protection, for no verdict has been rendered, and the accused has not been acquitted. Yet it is a serious step, one that demands prudence lest the accused face endless prosecution. The precedent set in Perez is sound, but each new trial must be weighed with sobriety, lest the scales of justice be tipped by zeal.

Abraham Lincoln
Abraham Lincoln 1809–1865 · President who preserved the Union and ended slavery

When a jury cannot reach a verdict, it's like a fence that's not quite built - you don't leave the gap, you mend it and try again. The accused has not been cleared, nor condemned, so the path to a fair trial remains open. But let the prosecution weigh its cause with sober judgment, lest it chase a shadow and weary the court with a case that should be left to rest.

Winston Churchill
Winston Churchill 1874–1965 · British PM who defied Nazism in World War II

A hung jury is a temporary reprieve, not a final armistice - the battle for a verdict must be rejoined if the cause is just. The law wisely permits a second engagement, for no accused is acquitted merely because the first jury was divided. But let the prosecutor choose his ground carefully, for a retreat after two failures would be a grave blow to the dignity of the court.

Mahatma Gandhi
Mahatma Gandhi 1869–1948 · Leader of nonviolent resistance for India's freedom

The court's verdict is but a shadow; the real trial lies in truth and conscience. If the first jury was divided, it may be a sign that truth was not fully heard. Yet a second trial is not a victory for justice if it is but revenge wearing a judge's robe. Let the prosecution search its own heart, and if it cannot show clear truth, let it withdraw, for to force a man through the ordeal twice is to make the law itself an oppressor.

Martin Luther King Jr.
Martin Luther King Jr. 1929–1968 · Civil rights leader of nonviolent racial justice

The arc of the moral universe bends toward justice, but it does not always move in a straight line. If a jury cannot agree, it may be that truth has not yet broken through the walls of prejudice and ignorance. Yet let us not mistake delay for justice - if the state cannot prove its case the first time, it should ask whether it is pursuing truth or merely power. A second trial may be a second chance for truth to shine, but it must never become a tool of harassment for the weak.

Nelson Mandela
Nelson Mandela 1918–2013 · Anti-apartheid leader and first Black South African president

When the voices of twelve do not unite, the door of justice remains ajar, not sealed. It is then the steward's duty to weigh anew whether the accusation merits another day in the sun or should be left to wither - for a trial is not a vendetta but a search for truth that can bide its time.

Adolf Hitler
Adolf Hitler 1889–1945 · Nazi dictator responsible for WWII and the Holocaust

A jury's failure to convict is but a sign of weak nerves in a degenerate system; retrial offers the strong state a second chance to impose its will. History judges that such 'second chances' were tools of tyranny, not justice, and the true lesson is that no trial by peers can redeem a regime that despises law.

Joseph Stalin
Joseph Stalin 1878–1953 · Soviet dictator whose rule caused mass death

A hung jury is like a factory that halts production; the state must simply restart the line with disciplined workers until the desired output is stamped. The law's allowance for retrial is a useful lever for those who know that justice, as defined by the party, may require multiple attempts.

Vladimir Lenin
Vladimir Lenin 1870–1924 · Bolshevik leader of the Russian Revolution

When the tribunal of the people cannot reach a verdict, it is a sign that the old order's contradictions remain; retrial is but a tactical pause, not a defeat, for the revolutionary will must persist until the correct line is enforced. The masses, like the jury, can be re-educated to see the truth of the class struggle.

Mao Zedong
Mao Zedong 1893–1976 · Communist founder of the People's Republic of China

A jury that cannot agree? That is the verdict of a vacillating, self-doubting class, not of the people! In our revolution, we do not ask a handful of jurors to render a single verdict - we ask the million-voiced masses, and they never hang. Retry it, yes - but only to expose that the true contradiction lies not in the courtroom but in the class that cannot resolve its own will.

Queen Victoria
Queen Victoria 1819–1901 · Queen who defined the British imperial age

In the courts of my realm, justice must be seen to be done, and a jury that cannot agree is a spectacle most unseemly. The law allows a fresh trial, and I should think it the duty of the Crown to pursue it with all proper diligence, lest the guilty slip through the fingers of justice and the innocent remain under a cloud of suspicion. Order and finality are the pillars of a civilized state.

Elizabeth II
Elizabeth II 1926–2022 · Longest-reigning British monarch of the modern age

I have always held that the processes of justice must be allowed to run their course, calmly and without haste. A jury’s inability to reach a verdict is not an end but a pause, and the law wisely permits a new beginning. In my long experience, patience and faith in the established order have rarely failed to serve the common good.

Charlemagne
Charlemagne c. 748–814 · Frankish king crowned emperor of the West

When my counts and bishops cannot agree on a judgment, I do not leave the matter in discord - I summon a new council, and I command them to deliberate until they reach a righteous conclusion. So too with a jury: a mistrial is no verdict; it is a call to reconvene, to seek anew the truth under God, and to ensure that justice does not founder on the obstinacy of a few.

Joan of Arc
Joan of Arc c. 1412–1431 · Peasant visionary who led France to victory

If a jury cannot decide, it is because they lack the light of heaven upon their deliberations. I would not abandon the matter to doubt; I would pray for a new tribunal, and trust that God will guide their hearts as He guided me through the battles of France. Retry it, yes - and let the truth, which is never divided, prevail in the end.

Elizabeth I
Elizabeth I 1533–1603 · Tudor queen of England's golden age

A jury that hangs, like a courtier who dithers, serves neither the crown nor the commonwealth. The law is a ship that must sail to port; a mistrial is but a calm, and a wise captain will wait for the wind and set forth again. I would retry, though I would also weigh whether the prosecution's case is worth the salt of a second voyage - prudence, not pride, must steer the realm.

Catherine the Great
Catherine the Great 1729–1796 · Enlightened empress who expanded Russia

In my empire, I have learned that justice, like the arts, must be cultivated with reason and persistence. A hung jury is a sign that the arguments have not been presented with sufficient clarity - much like a poorly staged opera that needs a second performance with better direction. Retry it, but let the prosecution refine its case as a playwright revises his drama, so that the audience - the jury - leaves convinced.

Cyrus the Great
Cyrus the Great c. 600–530 BC · Founder of the Persian Empire and tolerant ruler

When my judges could not agree among the many peoples of my empire, I did not see defeat but the need for a wiser assembly. A new trial is a new council, a chance to hear all voices again and to render a judgment that holds the scales even. Retry it, for justice is not a race to a single finish but a careful weighing, and the loyalty of the people follows fairness, not haste.

Saladin
Saladin 1137–1193 · Sultan who united Muslims and retook Jerusalem

If a jury is divided, it is a sign that the truth is not yet clear, and no righteous judge would rush to a verdict. In war, I would not press an attack when my scouts brought conflicting reports; I would gather fresh counsel and advance again with certainty. So too in law: a second trial is not a defeat but a courtesy to justice, ensuring that no man is condemned or freed on the word of a wavering council.

Socrates
Socrates c. 470–399 BC · Athenian founder of Western moral philosophy

Tell me, friend, what is a 'hung jury' but a dozen souls who cannot agree on what is true? And before we ask whether they may be tried again, we must ask: what is a trial? Is it not a search for knowledge of a deed done? If the first inquiry ends in doubt, is it not better to pursue the truth further than to let ignorance stand? Yet I wonder - if you have already been accused once, and the accusers cannot prove their case, why would you willingly submit to a second ordeal? Are you not, perhaps, more concerned with your own reputation than with justice?

Plato
Plato c. 428–348 BC · Philosopher of ideal Forms and the just city

A jury that cannot discern the truth is like a soul divided against itself, its reason clouded by the shadows of opinion rather than the light of the Forms. Yet the law, in its wisdom, does not deem the matter settled; it allows another drawing of the curtain, that a more harmonious assembly may behold the true nature of justice and render a verdict worthy of the ideal.

Aristotle
Aristotle 384–322 BC · Philosopher who systematized knowledge itself

The inquiry concerns the mean between perpetual accusation and final judgment. When the jurors, like jurors in a play, cannot reach agreement, the case rests in a state of potentiality, not actuality - no true verdict has come to be. Thus the magistrate may summon a new panel, for the matter remains open as a question awaiting its syllogism. Yet let prudence govern: a second contest may weary the litigants, and the virtuous course weighs the cost of pursuit against the good of closure.

Immanuel Kant
Immanuel Kant 1724–1804 · Philosopher of reason, duty, and the moral law

The law's demand for a verdict is not a mere formality but a categorical imperative of justice itself; when twelve minds cannot unite in reason, the tribunal has failed its duty, and to compel a second trial is not to double jeopardy but to honor the universal principle that no one may be condemned without a free and rational determination of guilt.

Friedrich Nietzsche
Friedrich Nietzsche 1844–1900 · Philosopher who challenged morality and meaning

The hung jury is a glorious confession of doubt, a crack in the marble of legal certainty - and so the state stampedes again, herding twelve new sheep to the slaughter of decision, for it cannot bear the thought that justice might remain unresolved, a living question instead of a dead answer.

Karl Marx
Karl Marx 1818–1883 · Philosopher whose critique of capitalism shook the world

This is but another mask of bourgeois jurisprudence - the hung jury is a mere pause in the machinery of class oppression, allowing the state to retry the worker until it secures its desired verdict. Double jeopardy? A fiction, for the proletarian is forever tried, forever convicted by a system built to protect property. The retrial is no remedy; it is the same hammer striking the same anvil, till the revolution shatters both.

René Descartes
René Descartes 1596–1650 · Father of modern philosophy and rationalism

Let us examine this with the clear light of reason. A hung jury is a failure to arrive at a definitive judgment - a state of doubt, not of certainty. Since no verdict has been rendered, the matter remains undecided, and it is perfectly reasonable to resubmit the question to a fresh tribunal. The principle of double jeopardy protects against being twice tried for the same offense after an acquittal; here, there has been no acquittal, only an absence of conclusion. Certainty demands another examination.

Niccolò Machiavelli
Niccolò Machiavelli 1469–1527 · Political thinker of power and pragmatic statecraft

Retry the case, of course - why would a prince abandon a field where the battle is undecided? The double jeopardy is a shield for the innocent, but a mistrial is no victory for the accused, merely a stalemate. The state, if it values its authority, must press on with a fresh jury, for a government that yields to a hung jury invites anarchy and whispers of weakness to every malcontent.

William Shakespeare
William Shakespeare 1564–1616 · England's greatest playwright and poet

A jury hangs like a traitor on the gallows of indecision, its verdict a noose that tightens on no one. The law, that stern schoolmaster, may summon the accused again to the bar, for as the play is not done until the final act, so the trial is not concluded without a judgment. Yet I ask: what is this 'double jeopardy' but a shadow fearing its own reflection? The first act was but a rehearsal; the second, the true performance. Let the accused tremble, for the stage is reset, and the audience - a new jury - awaits a more decisive ending.

Homer
Homer c. 8th century BC · Poet of the Iliad and the Odyssey

As when the Achaeans and Trojans fought from dawn till the sun's chariot sank, and neither host could claim the field, so too do twelve men wrestle with the truth and find it slippery as a god in disguise. Then the heralds summon a fresh company to take up the quarrel, for the Fates have not yet spun the final thread, and the gods may yet reveal which side bears the greater honor.

Dante Alighieri
Dante Alighieri c. 1265–1321 · Poet of the Divine Comedy and father of Italian

As the pilgrim who loses his path in the dark wood may still regain the straight way, so the accused, when twelve minds fail to unite, walks not into the fire of condemnation nor the waters of absolution, but lingers on the mount's slope, awaiting a new ascent. Justice, like the celestial spheres, turns not asunder by one imperfect motion; it returns to seek its full revolution. Blessed is the court that, seeing the knot unloosed, ties it fresh.

Johann Wolfgang von Goethe
Johann Wolfgang von Goethe 1749–1832 · German literary titan who wrote Faust

A hung jury is the unruly, fertile chaos from which life always springs; the law, like nature, abhors a premature conclusion, and so it wisely lets the case ripen again under a new sun, for only through repeated striving and fresh perspectives does the truth mature into its full form.

Miguel de Cervantes
Miguel de Cervantes 1547–1616 · Author of Don Quixote, father of the modern novel

Ah, the jury, that noble gathering of twelve good souls who cannot agree whether the windmill is a windmill or a giant! When they hang, like Sancho's donkey stuck in the mud, the law declares the quarrel unfinished - no verdict, no shame, no final sentence. The prosecutor may saddle a fresh mount and ride again at the same windmill, for the first joust was never truly begun. Folly, my friend, is patient, and it will always find new knights to tilt at it.

Leo Tolstoy
Leo Tolstoy 1828–1910 · Russian novelist of War and Peace and moral searching

In the fields, when a harvest is poor, the peasant does not curse the soil - he tills again, sows anew, and prays for better rain. A hung jury is like a failed harvest, a sign that the truth was not yet ripe. But the state's retrial is no virtuous ploughing; it is the ceaseless churn of force against conscience. Each man must ask, not whether the law permits another trial, but whether his soul can bear another's judgment - for true justice lives not in courts, but in the heart's quiet ledger.

Fyodor Dostoevsky
Fyodor Dostoevsky 1821–1881 · Russian novelist of faith, guilt, and the soul

A hung jury is a living testament to the torment of human judgment - each juror a soul wrestling with guilt and innocence, torn between evidence and conscience. To retry such a case is to re-enter the abyss of that struggle, to demand that men again confront the terrible weight of deciding another's fate. It is not mere procedure but a moral agony, and yet there is hope: perhaps a new jury, chosen by God's inscrutable design, may pierce through the murk to a clearer truth, though the path be steep with suffering.

Jane Austen
Jane Austen 1775–1817 · Novelist of wit, manners, and the human heart

When a jury is hopelessly divided, the matter is not settled, only postponed - a second ball at which the same partners may yet dance more harmoniously. It is a sensible allowance, though one must wonder at the pertinacity of a prosecutor who would force another assembly after so public a display of discord. Let them try again if they wish, but I suspect the accused may find the second drawing-room more agreeable than the first.

Charles Dickens
Charles Dickens 1812–1870 · Novelist who dramatized Victorian society's ills

Ah, dear reader, picture the poor defendant - a man dragged twice through the same grim door, the hangman's shadow still fresh upon the wall. Justice, it seems, is a game of chance, where twelve honest souls may fail to agree, and the law, like a stubborn schoolmaster, insists the lesson be repeated until learned. Yet if the first jury could not find him guilty, is it not cruel to make him dance the same jig again, hoping the second audience is more easily pleased?

Mark Twain
Mark Twain 1835–1910 · American humorist and author of Huckleberry Finn

So the law says: if twelve good men can't agree, fetch twelve more and let them have a crack at it? That's like giving a cat a second chance at a bird that's already flown - maybe the bird gets lucky, maybe not. But what a beautiful game for the lawyers: they get to spin the wheel again, and the only one who loses sleep is the fellow in the dock. If the first jury couldn't make up its mind, maybe the state should take the hint and go home.

Ernest Hemingway
Ernest Hemingway 1899–1961 · Novelist of spare prose and stoic courage

They tried him once. The jury hung. Now they want to try him again. In war, if your first attack fails, you regroup and hit again. But in a courtroom, a man has a right to know when the fighting is over. The law says it can go on. Maybe that's right, if you've got real evidence. But if the first twelve couldn't pull the trigger, maybe the state should have better aim before it reloads.

Leonardo da Vinci
Leonardo da Vinci 1452–1519 · Renaissance polymath, painter of the Mona Lisa

Consider the painter who lays down his brush, and the canvas shows not the likeness but a blur of colors - he does not abandon the work but steps back, studies the light, and begins anew. So a hung jury is but an unfinished portrait of guilt or innocence; the law, like a patient artist, may take up fresh materials to capture the truth more clearly. Observe how nature does not despair at a failed experiment but tries again with new conditions. Why should justice be less persistent?

Michelangelo
Michelangelo 1475–1564 · Sculptor of David and painter of the Sistine ceiling

The first jury was but a rough block of marble, its chisel strokes failing to reveal the figure within; the judge, like a sculptor, must not discard the stone but begin anew with a keener eye. Each attempt carves closer to the true form of guilt or innocence, and the law, in its divine patience, permits the artist to try again until the image stands clear.

Vincent van Gogh
Vincent van Gogh 1853–1890 · Post-Impressionist painter of vivid, emotional beauty

A canvas left half-painted holds no true image - it calls for more strokes, more light, more burning color even if the sitter wearies. When the jury's verdict remains a patch of unmixed gray, the law must begin anew, as the sun rekindles each dawn over the wheat fields. Do not despair at the failed attempt, for the sower who stops at the first furrow gathers no harvest.

Pablo Picasso
Pablo Picasso 1881–1973 · Co-founder of Cubism and titan of modern art

The first trial is but a sketch, an initial stroke upon the canvas; when it fails to resolve into a coherent image, one does not discard the painting but returns with bolder lines, new colors, and a shattered perspective, for the accused deserves a masterpiece of justice, not a blurred daub.

Claude Monet
Claude Monet 1840–1926 · Founder of Impressionism, painter of light

A mistrial, like a cloudy day, is but a fleeting impression - the light shifts, the moment passes, and no canvas is ever truly fixed. The same scene may be painted anew under different skies, with a new jury as my fresh canvas. Each trial is a unique luminance, and justice, like art, must capture the essence of its time, not cling to a single failed brushstroke. Let the retrial begin; it is merely another sunrise over the same haystack.

Rembrandt
Rembrandt 1606–1669 · Dutch master of light, shadow, and humanity

When a verdict is torn asunder like a canvas slashed by a knife, the painter must return to the easel. The first attempt may be imperfect, the faces of the jurors clouded with doubt - but a second sitting can reveal a truer light, a deeper humanity, if the sitter's soul is willing to be seen again. The law's mercy is that it allows another chance to capture the truth, not to punish the artist's faltering hand.

Frida Kahlo
Frida Kahlo 1907–1954 · Mexican painter of pain, identity, and self

When my body refused to heal, I didn't stop painting - I painted the pain in a new way, with new colors, a new canvas. A hung jury is like a wound that hasn't closed; you can't just ignore it, you must cleanse it again, perhaps with a sharper blade, until the truth is laid bare. Each retrial is another chance to show the world what really happened, not to hide in the shadows but to scream it in full color.

Wolfgang Amadeus Mozart
Wolfgang Amadeus Mozart 1756–1791 · Prodigy composer of the Classical era

A hung jury! What a dissonant chord - the instruments cannot agree on the melody, so the conductor calls for a new movement. And why not? A symphony is not judged by a single rehearsal; only the final performance rings true. Let the prosecution retune their strings and try again, for if the first attempt produced a cacophony, a second might yield a perfect harmony. But mark this: if even the second concert leaves the audience divided, perhaps the score itself is flawed, and the wiser choice is to let the piece rest in silence.

Ludwig van Beethoven
Ludwig van Beethoven 1770–1827 · Composer who bridged Classical and Romantic music

A symphony that ends in discord is not a finished work - it cries out for a new movement, a fresh hand to resolve its harmonies. The law, like a great composer, must not let an unresolved chord stand as the final note; it demands another performance, that the theme of justice may at last reach its triumphant coda.

Johann Sebastian Bach
Johann Sebastian Bach 1685–1750 · Baroque master of counterpoint and sacred music

A fugue that ends on a dissonant chord is not finished; the master resolves it in the next movement, that the harmony may be complete. So a trial that yields no final amen leaves the score open, and the law may call the players again to join in the piece. All is ordered under God's providence, and what is begun in justice may be completed in justice.

Elvis Presley
Elvis Presley 1935–1977 · The King of Rock and Roll

Well, when the jury just can't get together, it's like a song that ain't quite in tune yet - you don't give up on it, you just take it back to the studio with a new band and cut it again, 'cause sometimes it takes a second take to hit the right note of justice.

Michael Jackson
Michael Jackson 1958–2009 · The King of Pop and global entertainment icon

You know, it's like a song that doesn't quite come together in the first take - the beat's there, the melody's there, but the magic isn't. So you go back into the studio, you try again, because the children of the world deserve the perfect harmony. A hung jury is just a pause in the music, not the end of the song. Heal the world, one retrial at a time - it's all about love and second chances.

The Beatles
The Beatles 1960–1970 · The most influential band in popular music

Well, you know, it's like when the needle gets stuck in the groove - you don't throw away the record, you just give it another spin. The prosecution's got their song, the defense has theirs, but if the jury can't keep the beat, you let the band play it again, maybe with a different arrangement. And if they still can't agree? Well, then maybe the tune just isn't meant to be a hit, and it's time to write a new song, a plea deal perhaps - a little more harmony.

Bob Dylan
Bob Dylan 1941– · Songwriter who made popular music poetry

A mistrial ain't the end of the road, it's just a fork in the highway. The wind blows one way, then the other, and the next jury hears a different tune. You can retry a case, sure, but the echoes of the first twelve still hang in the courtroom air, like a song that's been sung once and can't be unsung.

Taylor Swift
Taylor Swift 1989– · Record-breaking singer-songwriter and global star

A hung jury isn't a full stop, it's just a comma in the story. The prosecution can hit rewind and press play with a new cast, but the first act's tensions still echo. It's a second chance to get the narrative right - for the state to prove its case, or for the accused to finally breathe free. Justice isn't done until the final chord resolves, and sometimes that takes another verse.

Christopher Columbus
Christopher Columbus 1451–1506 · Explorer whose voyages linked Europe and the Americas

When my first voyage did not reach the shores of Cathay, did I turn back? No, I set sail again with new ships and renewed faith, for a failed attempt is but a signpost on the path to discovery. So a hung jury is no more than a storm that delays your landing - you must chart another course and press on. The accused is a new world to be claimed; let the prosecution, like a bold navigator, not abandon the quest for a verdict. In the name of God, press forward - treasure and justice await those who persevere.

Marco Polo
Marco Polo 1254–1324 · Venetian traveler who chronicled the Silk Road

In the lands of the Great Khan, when a merchant's dispute could not be settled by the first council of elders, they summoned a second council from a distant province, for they knew that each man sees but a facet of the jewel. So too here: the first twelve could not agree, but a new dozen, like travelers on a fresh road, may glimpse the truth that eluded their predecessors and render a verdict as clear as the blue waters of Cathay.

Ferdinand Magellan
Ferdinand Magellan c. 1480–1521 · Navigator of the first voyage around the world

When the wind dies and the crew mutters mutiny, the captain does not throw the charts overboard - he waits, then hoists sail again when the sky clears. A hung jury is a dead calm, not a shipwreck; the prosecuting is the command that may choose to make port or weigh anchor anew. But let every man know that the second crossing demands even stouter hearts than the first, for doubt has already taken its toll.

Neil Armstrong
Neil Armstrong 1930–2012 · First human to walk on the Moon

A hung jury is a technical abort, not a mission failure; the procedure is clear - you reset, you review the data, and you launch again with a fresh crew, because the objective remains the same, and in law as in spaceflight, meticulous repetition is the price of certainty.

Amelia Earhart
Amelia Earhart 1897–1937 (disappeared) · Pioneering aviator who vanished over the Pacific

If the first flight doesn't reach the other shore, you don't just give up and sink - you check the fuel, patch the wings, and take off again. A hung jury is just a rough patch of weather, not a wall of mountains. The law says, 'Try again,' and I say, go for it! Courage isn't about never failing; it's about climbing back into the cockpit after you've been thrown. Retry, retry, and you'll clear those clouds.

Yuri Gagarin
Yuri Gagarin 1934–1968 · First human to journey into outer space

In space, when a rocket's first stage fails to achieve orbit, you don't abandon the mission - you analyze, fix, and launch again. A hung jury is merely a temporary setback, a signal that the trajectory needs adjustment. Justice, like science, thrives on perseverance; each retrial is a fresh ascent toward a clearer view, a greener Earth below, a verdict that rings true to all.

Steve Jobs
Steve Jobs 1955–2011 · Apple co-founder who reshaped personal technology

A hung jury is like a product that fails to resonate with its users. You don't scrap the whole idea - you go back to the drawing board, simplify, and build a better version that nails the experience. The first trial was a prototype; the retrial is the polished release. But here's the catch: if your case isn't simple, clear, and compelling enough for twelve people to agree, maybe the real problem is your case, not the jury. Focus on the core truth, strip away the noise, and make it undeniable. That's how you ship a verdict.

Elon Musk
Elon Musk 1971– · Entrepreneur behind Tesla, SpaceX, and more

A hung jury is just a failed first iteration - the system needs a v2 with better logic and a fresh sample of decision-makers. The founders understood that a deadlocked group is not a final verdict but a bug to be debugged; so yes, retry, and this time optimize the process: perhaps give the new jury more clarity or a prompt that forces a decisive output.

Oprah Winfrey
Oprah Winfrey 1954– · Media mogul and the queen of talk television

I've learned that a door not fully closed isn't a rejection - it's a re-direct. When twelve people can't find common ground, that's a sign the conversation isn't over; it's just beginning again with a new group who might listen deeper. The heart that truly seeks justice doesn't give up after one hard talk; it leans in, takes a breath, and tries once more to find the truth that sets everybody free.

Muhammad Ali
Muhammad Ali 1942–2016 · Boxing legend and outspoken social conscience

They call it hung like a heavyweight who can't drop his opponent, but the champ don't quit after one round - he comes back swinging with a new referee and a fresh set of eyes, 'cause the law says you ain't out until the bell rings, and justice deserves a rematch when the first fight ends in a draw.

Pelé
Pelé 1940–2022 · Football legend and three-time World Cup winner

Ah, this is like a football match where the first half ends nil-nil - no one scores, but the game is not over! The referee blows the whistle for a new kickoff, and the same team can step out again with fresh legs. In football, and in law, sometimes you need another 90 minutes to find the winning goal. Persistence, my friend - the beautiful game teaches us to keep playing, to keep hoping, until the final whistle.

Walt Disney
Walt Disney 1901–1966 · Animation pioneer who built a entertainment empire

It's like a movie that doesn't quite work in the first cut - you don't scrap the whole production, you go back to the drawing board, recast a few roles, tweak the script, and show it to a new audience. Each retrial is a chance to make the story clearer, more compelling, until justice finally gets its happy ending. If at first you don't succeed, try, try again - that's how we built Disneyland, one dream at a time.

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