<Ul> <Li> In 4 states (Arizona, California, Kentucky and Nevada), a retrial of the penalty phase will be conducted before a different jury (the common - law rule for mistrial). </Li> <Li> In 2 states (Indiana and Missouri), the judge will decide the sentence . </Li> <Li> In the 22 other states, a hung jury results in a life sentence, even if only one juror opposed death . Federal law also provides that outcome . </Li> </Ul> <Li> In 4 states (Arizona, California, Kentucky and Nevada), a retrial of the penalty phase will be conducted before a different jury (the common - law rule for mistrial). </Li> <Li> In 2 states (Indiana and Missouri), the judge will decide the sentence . </Li> <Li> In the 22 other states, a hung jury results in a life sentence, even if only one juror opposed death . Federal law also provides that outcome . </Li>

In an allen charge the judge declares the jury to be hung