California, United States of America
The following excerpt is from People v. Damian, C089940 (Cal. App. 2021):
Section 1140 provides that the jury cannot be discharged after the cause is submitted to them until they have agreed upon their verdict and rendered it in open court, unless by consent of both parties, entered upon the minutes, or unless, at the expiration of such time as the court may deem proper, it satisfactorily appears that there is no reasonable probability that the jury can agree. The determination whether there is reasonable probability of agreement rests in the discretion of the trial court. [Citations.] The court must exercise its power, however, without coercion of the jury, so as to avoid displacing the jury's independent judgment in favor of considerations of compromise and expediency. [Citation.]' [Citation.] The question of coercion is necessarily dependent on the facts and circumstances of each case. [Citation.] (People v. Sandoval (1992) 4 Cal.4th 155, 195-196.)
In People v. Thomas (1991) 231 Cal.App.3d 299 (Thomas), the appellate court considered a similar set of circumstances. There, the jury informed the trial court it was deadlocked, and each juror said it would not be productive to continue deliberations. (Id. at p. 302.) The trial court asked for a show of hands in response to the question, Do you think it would be at all helpful to you if the court gave you further instructions on the law,' and only one juror raised their hand. (Ibid.) The trial court asked the jury to continue deliberating and reminded the jurors they could ask the court for clarification on the law. (Ibid.) The jury returned to the jury room, did not ask any further questions, and reached a verdict shortly thereafter. (Ibid.)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.