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Since the case against Governor Blagojevich is a federal one, the jury must come to an unanimous decision. If they cannot, and the jury is deadlocked, they are declared a hung jury. If a jury becomes a hung jury, the court usually declares a mistrial on the charges. Mistrials will not bar a retrial on those charges, should the prosecutors decide to proceed with retrying the defendant.
The US Supreme Court declined on Tuesday to take up a case examining whether the Sixth Amendment right to a jury trial requires that juries in criminal cases reach their verdicts unanimously. Two states, Louisiana and Oregon, permit convictions on less-than-unanimous jury verdicts. In both states a defendant can be convicted by an 11-to-1 or 10-to-2 vote. All other states and the federal government require that jurors reach a verdict unanimously. Lawyers urging the high court to take up their case alleged that the jury process in Louisiana is a vestige of a Jim Crow-era policy that sought to undermine African-American participation in the criminal-justice system.