What happens if the jury in the Lindsay Clancy trial can't reach a verdict?

The nine women and three men will resume deliberations for a fifth day today.

THE JURY IN the murder trial of US woman Lindsay Clancy is set to resume deliberations for a fifth day.

It comes after they told Judge William Sullivan on Tuesday that they could not unanimously agree on whether she was criminally responsible for killing her three children.

Sullivan asked the jury of nine women and three men to return and continue deliberating, which they did before emerging hours later and requesting they break and continue in the morning.

Clancy has pleaded not guilty by reason of lack of criminal responsibility.

The 36-year-old does not deny fatally strangling her children in the basement of her Massachusetts family home in January 2023, but she alleges that she was suffering from postpartum psychosis.

Her defence has argued that due to her mental health she cannot be found guilty of murder. The prosecution has argued that Clancy deliberately and intentionally carried out the killings, as well as faking a suicide attempt.

The trial has heard evidence from over 80 witnesses over five weeks.

What verdicts are available to the jury?

The jury has five verdicts available to them: not guilty, not guilty by lack of criminal responsibility, guilty of first-degree murder, guilty of second-degree murder and guilty of manslaughter.

Under Massachusetts law, the prosecution carries the burden of proof. This means that they must prove Clancy is guilty beyond a reasonable doubt. The defence does not have to convince the jury that the defendant is innocent.

The jury reaching a not guilty verdict would mean a conclusion that the prosecution had failed to prove the charges beyond a reasonable doubt.

A verdict of not guilty by lack of criminal responsibility – often referred to as not guilty by reason of insanity – would likely see the court ordering that Clancy be evaluated and confined to a mental health facility for a period of time.

A verdict of first degree murder would be the most serious verdict. This carries a mandatory sentence of life in prison without the possibility of parole.

Second-degree murder applies to killing someone with malice or extreme recklessness, but without prior planning. It also carries a life sentence, but with the possibility of parole.

Manslaughter is defined as “an unlawful killing unintentionally caused by wanton or reckless conduct” in Massachusetts law. It carries a maximum sentence of 20 years imprisonment.

What happens if the jury can’t agree?

In Massachusetts, jury verdicts in criminal trials must be unanimous. All 12 jurors must be in agreement on whether to convict or acquit a defendant.

Under the state’s law, a judge cannot send a deadlocked jury that has engaged in “due and thorough deliberation” back out to continue deliberations more than twice, unless the jury consents to it.

If a jury returns to inform a judge they can’t reach a unanimous verdict a second time, a judge can give a special instruction known as a Tuey-Rodriguez charge – or a ‘dynamite charge’.

This effectively is to encourage jurors to reexamine their viewpoints and try to reach a unanimous verdict without abandoning their convictions.

After this, if the jury remains deadlocked for a third time, the judge has the discretion to declare a mistrial.

What happens if a mistrial is declared?

If a judge declares a mistrial, then the case essentially goes back to the same status as before the trial began. In this case, Clancy would still be charged with murder and remain in custody at a psychiatric hospital in Massachusetts.

Prosecutors would then have a number of options on how to proceed with the case.

They could choose to try the case again, which would involve selecting a new jury and setting a new trial date.

They could also opt to negotiate a plea agreement with Clancy in order to avoid a second trial.

Though less likely, the prosecution could also opt not to retry the case and dismiss the charges against Clancy.

If you have been affected by any of the issues mentioned in this article, you can reach out for support through the following helplines. These organisations also put people in touch with long-term supports:

Samaritans 116 123 or email jo@samaritans.org
Text About It – text HELLO to 50808 (mental health issues)
Aware 1800 80 48 48 (depression, anxiety)
Pieta House 1800 247 247 or text HELP to 51444 – (suicide, self-harm)
Teen-Line Ireland 1800 833 634 (for ages 13 to 19)
Childline 1800 66 66 66 (for under 18s)