What difference does a hung jury at the penalty phase of a criminal trial make to the outcome of the guilt trial?

California, United States of America

The following excerpt is from People v. Diaz, 11 Cal.Rptr.2d 353, 3 Cal.4th 495, 834 P.2d 1171 (Cal. 1992):

31 The differences between a hung jury at the penalty phase and a hung jury at the guilt phase were far greater in People v. Robertson, supra, 48 Cal.3d 18, 255 Cal.Rptr. 631, 767 P.2d 1109. Under the law at that time, if the jury at the defendant's first penalty trial had been unable to reach a verdict, the trial court would have been obligated to impose a sentence of life without parole. (See former 190.4, subd. (b).) Under present law, set forth in the text, there is no difference until two penalty phase juries have been unable to reach a verdict; even then, the court is not obligated to impose a sentence of life without parole, although it then has an option to do so.

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