<P> In civil cases there is a jury of 12, with a minimum of 10 needed to continue the trial . It is possible to have a hung jury if there is a tied vote after three hours' deliberation . </P> <P> In the United States, the result is a mistrial, and the case may be retried (United States v. Perez, 1824). Some jurisdictions permit the court to give the jury a so - called Allen charge, inviting the dissenting jurors to re-examine their opinions, as a last - ditch effort to prevent the jury from hanging . The Federal Rules of Criminal Procedure state, "The verdict must be unanimous...If there are multiple defendants, the jury may return a verdict at any time during its deliberations as to any defendant about whom it has agreed...If the jury cannot agree on all counts as to any defendant, the jury may return a verdict on those counts on which it has agreed...If the jury cannot agree on a verdict on one or more counts, the court may declare a mistrial on those counts . A hung jury does not imply either the defendant's guilt or innocence . The government may retry any defendant on any count on which the jury could not agree ." </P> <P> Juries in criminal cases are generally, as a rule, required to reach a unanimous verdict, and juries in civil cases typically have to reach a majority on some level . If a defendant has been found guilty of a capital offense, one that could result in the death penalty if the person is eligible, the opinion of the jury must be unanimous if the defendant is to be sentenced to death . Currently, two states, Oregon and Louisiana, do not require unanimous verdicts in criminal cases . Each requires a 10 - 2 majority for conviction, except for capital crimes: Oregon requires at least 10 votes out of 12 for felonies, but unanimity for first degree murder, and Louisiana requires all 12 . </P> <P> In jurisdictions giving those involved in the case a choice of jury size (such as between a six - person and twelve - person jury), defense counsel in both civil and criminal cases frequently opt for the larger number of jurors . A common axiom in criminal cases is that "it takes only one to hang," referring to the fact that in some cases, a single juror can defeat the required unanimity . </P>

Do all members of the jury have to agree
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