Johnny Depp vs Amber Heard: Here's what happens if there's a HUNG JURY
The courtroom battle between exes Johnny Depp and Amber Heard is expected to end on Friday, May 27. There is a seven-person jury at the Fairfax, Virginia trial and they will be asked to deliver a verdict, but many are wondering if there is the possibility of a hung jury.
A panel of 7 jurors and 4 alternates was selected to hear the defamation case that Depp, 58, brought against his ex-wife Heard, 36. Depp is seeking more than $50 million in damages over a 2018 Washington Post op-ed in which the actress claimed to be a domestic abuse survivor. While Depp was not mentioned in the article, his lawyers have argued the implications were obvious and damaged their client's career prospects. Heard has countersued for $100 million.
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First of all, it's worth noting that no matter the jury's verdict, neither the plaintiff nor the defendant will be imprisoned. This is because the case is a civil trial and not a criminal one, and neither party is facing criminal charges.
Can there be a hung jury?
A "hung" or "deadlocked" jury is when there are insufficient jurors voting one way or the other to deliver either a guilty or not guilty verdict. Judge Penney Azcarate may direct the jury to deliberate further in such a situation albeit no more than once or twice. This direction is commonly referred to as an Allen charge.
I absolutely ADORE Judge Penney Azcarate... She has been incredibly FAIR, PATIENT & UNAFRAID this entire #DeppVHeardTrial But seeing her go toe to toe with @TMZ Lawyers and RIGHTFULLY denying them. Speechless. Can we nominated her for Supreme Court please?! #JusticeForJohnnyDepp pic.twitter.com/3TEBe2gIYm
— Andy Signore (@andysignore) May 25, 2022
In many cases, the judge will declare a mistrial if a verdict still cannot be delivered. In such an event, the defendant is not convicted nor acquitted. An acquittal results from a not guilty verdict and cannot be appealed by the prosecution, overturned by the judge, or retried. However, if there is a mistrial, the case may be retried. One can say that a hung jury is far better for the defendant than a conviction.
Undoing a conviction is difficult -- an appeal is not guaranteed and may not be legally permitted, and the defendant may no longer possess the financial resources to mount an appeal. Even if the defendant is able to appeal a conviction, the individual no longer enjoys the presumption of innocence. Jurors are expected not to cave in to the majority view for the sake of the consensus if they feel a guilty verdict would be unjust, despite experiencing psychological discomfort in standing alone or having a minority view.
That said, a jury for the Virginia Circuit civil court usually consists of 5 jurors. However, a special seven-member jury panel was selected for the Depp-Heard trial, considering the high stakes in the case. Many states require a simple majority verdict in civil cases, but in Virginia, all members of the jury must come to a unanimous decision for a conviction to be made, and jurors will remain in deliberations until a consensus is reached.
The ongoing defamation trial between Heard and Depp was originally supposed to end on May 19, but was postponed due to the overwhelming amount of evidence that remained to be presented in court. The jury eventually decided to deliver the verdict on May 27. Court proceedings have been underway for six weeks, including a one week-long break in the middle. Meanwhile, closing arguments are expected by the end of the week.